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STATE v. TORRES

CR96-0081; A110729.

48 P.3d 170 (2002)

182 Or.App. 156

STATE of Oregon, Respondent, v. Jose TORRES, Appellant.

Court of Appeals of Oregon.

Decided June 12, 2002.

Attorney(s) appearing for the Case

Jay W. Frank, Eugene, filed the brief for appellant. With him on the briefs was Moule & Frank.

Doug M. Petrina, 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 EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

EDMONDS, P.J.

Defendant appeals from a judgment convicting him of assault in the second degree. ORS 163.175(1). He was sentenced to 90 months' imprisonment. He argues that the trial court erred in entering a conviction for second-degree assault under an indictment that did not charge that crime and that the trial court erred in imposing sentence. We affirm the conviction but remand for resentencing.

Defendant participated in a bar fight in Hermiston. During...

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