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STATE v. WARREN

CR9-1955-JT; CA A62617.

790 P.2d 47 (1990)

101 Or.App. 446

STATE of Oregon, Respondent, v. James K. WARREN, Appellant.

Court of Appeals of Oregon.

Decided April 25, 1990.

Attorney(s) appearing for the Case

Michael W. Seidel, Bend, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Vera Langer, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

PER CURIAM.

Defendant was charged with assault in the fourth degree. ORS 163.160(1)(a). He was convicted of harassment. ORS 166.065(1)(a)(A). The state concedes that harassment is not a lesser included offense under the assault charge. We accept the concession.

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