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STATE v. O'HARA

C92-0230CR; CA A93054.

955 P.2d 313 (1998)

152 Or. App. 765

STATE of Oregon, Respondent, v. Thomas Edward O'HARA, Appellant.

Court of Appeals of Oregon.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Defendant appeals from a resentencing,1 contending that the trial court erred by failing to merge his conviction for attempted assault in the first degree, ORS 163.185,2 with his conviction for assault in the second degree, ORS 163.175(1)(b).3 Defendant contends that assault in the second degree is a lesser-included offense of attempted assault in the first degree...

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