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STATE OF OREGON v. DONALD DEAN EMERY, aka Anthony Secreto
PER CURIAM.
Defendant appeals his conviction for perjury. ORS 162.065. He assigns as error the trial court’s refusal to grant his motion for judgment of acquittal. The state concedes that this case cannot be distinguished from this court’s decision in State v. Flamer, 54 Or App 17, 633 P2d 860 (1981), and must therefore be reversed.
Reversed.