Resubmitted in banc January 6, 1993.
DE MUNIZ, Judge.
Defendant was charged with attempted assault in the fourth degree and harassment. ORS 163.160(1); ORS 166.065(1)(a)(A). At arraignment, the district attorney elected to try the cases as violations under ORS 161.565(2). Defendant's motion for a jury trial was denied, and in a trial to the court, he was found guilty on both charges.
ORS 161.565(2) provides:
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