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STATE v. GLASPEY

00FE0217AB; A112752.

55 P.3d 562 (2002)

184 Or.App. 170

STATE of Oregon, Respondent, v. James Lewis GLASPEY, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted July 17, 2002.

Decided October 9, 2002.

Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc July 17, 2002.

BREWER, J.

Defendant appeals from his convictions and sentences on two counts of fourth-degree assault. ORS 163.160. He asserts that the trial court erred in failing to enter a single conviction on the two counts and, further, in sentencing him separately on each conviction. We affirm.

Although fourth-degree assault generally is a misdemeanor offense, it is a Class C felony if "[t]he assault is committed in the immediate...

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