STATE v. JACOBS


579 P.2d 881 (1978)

34 Or.App. 755

STATE of Oregon, Respondent, v. David Anthony JACOBS, Appellant.

Court of Appeals of Oregon.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Thomas Finnegan Ryan, Portland, argued the cause and filed the brief for appellant.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


TANZER, Judge.

This is a consolidated appeal of two criminal convictions, one for assault, one for burglary. In the first case, defendant was charged with two counts of assault in the first degree and, upon a trial to the court, found guilty of two counts of assault in the second degree. He contends that the crime of which he was convicted was not included in the greater crime with which he was charged. In each case, he challenges the validity of the sentence.

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