Opinion
M258599; CA A29123
Argued and submitted January 20, 1984 Reversed February 15, 1984 Reconsideration denied May 25, 1984
Petition for review denied June 19, 1984
Appeal from District Court, Multnomah County.
William Reisbick, Pro Tempore Judge (Trial). Frank L. Bearden, Judge (Sentence).
Kenneth S. Stern, Milwaukie, argued the cause for appellant. With him on the brief was Rose Stern, Portland.
Martha Rice, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed.
Based on the facts found by the trial judge in this case, defendant was entitled to a judgment of acquittal.
Reversed.