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STATE v. PERKS

C90-11-36716; CA A71483.

847 P.2d 866 (1993)

118 Or. App. 336

STATE of Oregon, Appellant, v. William Edward PERKS, Jr., Respondent.

Court of Appeals of Oregon.

Decided February 24, 1993.

Review Denied April 20, 1993.

Attorney(s) appearing for the Case

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

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

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

EDMONDS, Judge.

The state appeals a pretrial order that granted defendant's motion to dismiss the pending prosecution for assault in the fourth degree on former jeopardy grounds. ORS 131.515. We reverse.

Defendant was charged by indictment with assault in the second degree.1 At trial, the jury was properly instructed on the lesser included offense of assault in the fourth degree, a misdemeanor.2 The...

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