STATE v. HOPKINS

C 90-05-32815; CA A67431.

829 P.2d 97 (1992)

112 Or. App. 458

STATE of Oregon, Appellant, v. Charles Michael HOPKINS, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1992.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John Cosgrave, Portland, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


WARREN, Presiding Judge.

Defendant was convicted by a jury on one count of burglary in the first degree and two counts of assault in the fourth degree. The sentencing court imposed a downward durational departure, and the state appeals. We remand for resentencing.

Defendant, the victim's former boyfriend, went to a trailer where the victim and her mother were staying. They let him in but, when he became abusive, they ordered him to leave. He refused and assaulted...

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