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STATE v. CONNELL

93-1091; CA A80078.

876 P.2d 867 (1994)

129 Or. App. 144

STATE of Oregon, Respondent, v. John Wayne CONNELL, Appellant.

Court of Appeals of Oregon.

Decided July 13, 1994.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Mary M. Reese, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., filed the brief for respondent.

Before RICHARDSON, C.J., and ROSSMAN and De MUNIZ, JJ.

PER CURIAM.

In a trial to the court, defendant was found guilty of the uncharged crime of assault in the third degree, ORS 163.165, as a lesser included offense of assault in the second degree, ORS 163.175, for which he was indicted. On appeal, defendant argues that his motion for judgment of acquittal of assault in the third degree should have been granted, because that crime is not a lesser included offense of assault in the second degree. The state concedes that...

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