State v. Milburn

Defendant, who was convicted of misdemeanor angling while revoked, ORS 497.441; ORS 496.992, appeals, assigning error to the trial court’s denial of his motion for judgment of acquittal. Defendant contends that, by fishing on “free fishing weekend,” ORS 497.079, he was not “engaging] in the activity for which [an angling] license * * * is required.” ORS 497.441. We agree and, consequently, reverse.

The material facts are undisputed. Sometime in December 2002, defendant was fishing and was cited for keeping a “foul hooked” fish.1 Accordingly, on January 2, 2003, defendant’s “angling privileges”…