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STATE v. BARNES

95-1165; CA A91415.

945 P.2d 627 (1997)

150 Or. App. 128

STATE of Oregon, Respondent, v. Edward Forrest BARNES, Appellant.

Court of Appeals of Oregon.

Decided September 17, 1997.

Attorney(s) appearing for the Case

Kenneth A. Morrow, Lake Oswego, argued the cause for appellant. With him on the brief was Morrow, Monks & Sharp, P.C.

David B. Thompson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant appeals his convictions following a trial to a jury. We affirm his conviction for resisting arrest, ORS 162.315, and reverse and remand his conviction for assault in the second degree. ORS 163.175.

The charges arose following an incident at the Newport Seafood and Wine Festival in February 1994. Defendant and his wife Debra were at the marina building with another couple, Dean and Dana Chase. Defendant had had four or five glasses...

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