Opinion
A178951
05-22-2024
STATE OF OREGON, Plaintiff-Respondent, v. BARRY JOE STULL, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Brett J. Allin, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Kirsten M. Naito, Assistant Attorney General, filed the brief for respondent.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted April 29, 2024.
Multnomah County Circuit Court 19CR21313; Andrew M. Lavin, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Brett J. Allin, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Kirsten M. Naito, Assistant Attorney General, filed the brief for respondent.
Before Shorr, Presiding Judge, Mooney, Judge, and Pagán, Judge.
MOONEY, J.
Defendant appeals a judgment revoking his probation. He assigns error to the trial court's finding that he violated probation by possessing a weapon, arguing that the state produced insufficient evidence of the charged violation because the "softball sized rock" that he possessed did not qualify as a "weapon." But it is well-established that common objects may be considered dangerous weapons depending on how they are used, including the pavement, a hardwood floor, a can opener, and any "small, hard object." Sutherland v. Fhuere,___Or App___, ___ P.3d ___ (May 15, 2024) (slip op at 4:17 - 5:8 (asphalt pavement); State v. Glazier, 253 Or.App. 109, 114, 288 P.3d 1007 (2012), rev den, 353 Or. 280 (2013) (hardwood floor); State v. Gale, 36 Or.App. 275, 278, 583 P.2d 1169 (1978) (can opener); State v. Allen, 108 Or.App. 402, 405-06, 816 P.2d 639 (1991) ("small, hard object"). The evidence supports a determination that defendant possessed and threw softball sized rocks at passing vehicles. We affirm.
Affirmed.