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248 Or. App. 475

State v. Schmidt

Court of Appeals of Oregon

Decided February 29, 2012

Court of Appeals of Oregon · decided 2012-02-29

Applies OR 163 § 163.730 · OR 163 § 163.750

Decided 2012-02-29

PER CURIAM

¶1Defendant was convicted of two counts of violating a stalking protective order based on two e-mails that defendant sent to his former girlfriend. ORS 163.750. On appeal, the state concedes that the evidence was insufficient to prove that defendant’s contacts “created reasonable apprehension regarding the personal safety of a person protected by the order,” ORS 163.750(l)(c), a required element of the offense where the contact is “[s]ending or making written or electronic communications in any form to the other person,” ORS 163.730(3)(d). We agree, accept the state’s concession, and reverse the convictions.

¶2Reversed.

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