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STATE v. ORTH

No. M-7-237; CA 9592.

581 P.2d 953 (1978)

STATE of Oregon, Respondent, v. Rocky Rio ORTH, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Dwight L. Ferris, Asst. Public Defender, Roseburg, 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 JOHNSON, GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

Defendant pled guilty to a charge of negligently wounding another. ORS 166.180.1 The district court sentenced defendant to pay a fine of $105 and imposed a 30-day suspended jail sentence and one-year probation. Defendant seeks remand for resentencing claiming that, since no culpable mental state is specified by the statute creating the offense of negligently wounding another, the offense must be a violation under ORS 161...

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