FILED: September 17, 2003



IN THE COURT OF APPEALS OF THE STATE OF OREGON



STATE OF OREGON,

Respondent,

v.

ROBERT THOMAS FAUNCE,

Appellant.



020942M; A119080



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 Defense Services.

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.

PER CURIAM

Reversed.

PER CURIAM

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.

Reversed.


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