STATE v. HAMBRICK

200117739; A117314.

75 P.3d 462 (2003)

189 Or. App. 310

STATE of Oregon, Appellant, v. Scott Vincent HAMBRICK, Respondent.

Court of Appeals of Oregon.

Decided August 20, 2003.


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.

Daniel Q. O'Dell, Salem, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and SCHUMAN, Judges.


ARMSTRONG, J.

Defendant was charged by indictment with two counts of fourth-degree assault, ORS 163.160. Each count alleged all of the elements of that crime, which is ordinarily a misdemeanor. Each count also alleged an additional element that enhanced the crime to a felony. In count one, that element was a prior conviction for assaulting the same victim. ORS 163.160(3)(a).1 Defendant made a written judicial admission to that element...

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