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STATE v. BURNEY

C003094CR; A114503.

82 P.3d 164 (2003)

191 Or. App. 227

STATE of Oregon, Respondent, v. Tracy Lamar BURNEY, Appellant.

Court of Appeals of Oregon.

Decided December 17, 2003.

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.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LANDAU, P.J.

Defendant appeals his conviction for assault in the third degree. ORS 163.165(1)(e). He assigns error to the trial court's denial of his motion for judgment of acquittal and to its calculation of his criminal history for the purpose of determining his sentence. We affirm.

Because defendant was convicted, we state the facts in the light most favorable to the state. State v. King, 307 Or. 332, 339, ...

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