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STATE v. GATT

02CR0778; A123702

149 P.3d 1220 (2006)

210 Or. App. 117

STATE of Oregon, Respondent, v. Reno Martin GATT, Appellant.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Eric Johansen, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Katherine H. Waldo, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

ORS 163.160(3)(c) provides that the offense of assault in the fourth degree is a Class C felony if the assault is "witnessed by," among others, the defendant's minor child. In this case, defendant assaulted his own minor child. The issue is whether the minor who is the victim of an assault may also be said to "witness" that assault, elevating the crime to a felony. The trial court held that the same person could be both the victim and the witness of an...

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