STATE v. TAPP

CF89-0934; CA A66430.

821 P.2d 1098 (1991)

110 Or.App. 1

STATE of Oregon, Respondent, v. Jerry Thomas TAPP, Appellant.

Court of Appeals of Oregon.

Decided November 27, 1991.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.


JOSEPH, Chief Judge.

Defendant appeals from the presumptive sentence imposed under the sentencing guidelines. ORS 137.010; OAR 253-04-001. He argues that the sentencing court erred in holding that his Washington conviction for assault in the second degree constituted a felony under current Oregon law for guideline purposes. We remand for resentencing.

Defendant does not challenge that his Washington conviction is...

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