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STATE v. LAZARO-MARTINEZ

04C-42992; A126297.

142 P.3d 120 (2006)

207 Or. App. 526

STATE of Oregon, Respondent, v. Albino LAZARO-MARTINEZ, Appellant.

Court of Appeals of Oregon.

Decided August 30, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Susan F. Drake, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Seann C. Colgan, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was convicted of one count of second-degree assault, ORS 163.175, two counts of felony fourth-degree assault, ORS 163.160, and one count of strangulation, ORS 163.187, based on an incident in which he strangled his girlfriend with a belt until she lost consciousness. This occurred in the presence of their two children. On appeal, defendant first argues that the trial court erred in denying his motion for judgment of acquittal on the assault charges...

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