STATE v. COOK

(96-589; CA A100356)

989 P.2d 474 (1999)

163 Or. App. 578

STATE of Oregon, Respondent, v. Brandon Cole COOK, Appellant.

Court of Appeals of Oregon.

Decided October 27, 1999.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

Defendant appeals from a judgment convicting him of assault in the second degree, ORS 163.175(1)(c), following a trial to the court. Although he makes several assignments of error, we write only to address defendant's contention that the trial court committed jurisdictional error by convicting him of second-degree assault under an indictment that charged him only with assault in the first degree, ORS 163.185. For the reasons that follow, we vacate the judgment...

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