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STATE v. QUALEY

No. 93C-21084; CA A83737.

906 P.2d 835 (1995)

138 Or. App. 74

STATE of Oregon, Respondent, v. Scott Dean QUALEY, Appellant.

Court of Appeals of Oregon.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause, for appellant. With him on the brief, was Gracey & Davidson.

Kaye E. Sunderland, Assistant Attorney General, argued the cause, for respondent. With her on the brief, were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Defendant was convicted of assault in the fourth degree, ORS 163.160, and on appeal, he challenges his sentence. We remand for resentencing.

Defendant was charged by indictment with assault in the second degree, ORS 163.175, and kidnapping in the second degree, ORS 163.225, arising from an altercation he had with his tenant's young child. After a jury trial, defendant was convicted of the lesser included offense of assault in the fourth...

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