FILED: September 17, 2003
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
ROBERT THOMAS FAUNCE,
Appeal from Circuit Court, Josephine County.
Lindi L. Baker, Judge.
Argued and submitted August 27, 2003.
Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her
on the brief was Peter A. Ozanne, Executive Director, Office of Public
Erika L. Hadlock, Assistant Attorney General, argued the cause for respondent.
With her on the brief were Hardy Myers, Attorney General, and Mary H.
Williams, Solicitor General.
Before Landau, Presiding Judge, and Armstrong and Brewer, Judges.
In this criminal case, defendant appeals a judgment of conviction on one
count of disorderly conduct. ORS 166.025. He assigns error to the denial of his motion
for a judgment of acquittal based on the insufficiency of the evidence. The state concedes
that the trial court erred in denying the motion. We accept the state's concession.