STATE v. RODE

Nos. DA454553; CA A74503.

848 P.2d 1232 (1993)

118 Or. App. 665

STATE of Oregon, Respondent, v. Arthur August RODE, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted January 6, 1993.

Decided March 17, 1993.

Reconsideration Denied May 12, 1993.


Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause for appellant. With him on the brief was Multnomah Defenders, Portland.

Robert B. Rocklin, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


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:

"Upon appearance of the defendant...

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