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STATE v. HESS

200115408; A117315.

75 P.3d 469 (2003)

189 Or. App. 325

STATE of Oregon, Appellant, v. John Duane HESS, 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.

PER CURIAM.

Defendant was charged by indictment with three counts of public indecency, ORS 163.465. Each count alleged all of the elements of public indecency, ordinarily a misdemeanor. Each count also alleged an additional element that enhanced public indecency to a felony. That element was defendant's prior convictions for public indecency. ORS 163.465(2)(b).1 Defendant offered to stipulate to his prior convictions with the understanding...

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