STATE v. REYNOLDS

00-03-32383; A110613

51 P.3d 684 (2002)

183 Or.App. 245

STATE of Oregon, Appellant, v. James Ray REYNOLDS, Respondent.

Court of Appeals of Oregon.

Decided August 14, 2002.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

John P. Manning, Beaverton, argued the cause and filed the brief, for respondent.

Before LANDAU, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.


LANDAU, P.J.

The state appeals a pretrial order allowing a demurrer to an indictment that charged defendant with felony assault in the fourth degree. At issue is whether the indictment impermissibly alleged that defendant previously had been convicted of assaulting the same victim. According to defendant, including that allegation violates a statutory prohibition on mentioning a prior conviction, unless the conviction is a material element of the crime charged. According...

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