Opinion
No. 10-80-11404, CA A20755
Argued November 12, 1981.
December 21, 1981.
Appeal from Circuit Court, Lane County, George Woodrich, Judge.
Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Virginia L. Linder, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.
Before Gillette, Presiding Judge, and Roberts and Joseph, Judges.
Defendant appeals his conviction for perjury. ORS 162.065. He assigns as error the trial court's refusal to grant his motion for judgment of acquittal. The state concedes that this case cannot be distinguished from this court's decision in State v. Flamer, 54 Or. App. 17, 633 P.2d 860 (1981), and must therefore be reversed.
Reversed.