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STATE v. PACHMAYR

C032969CR; A126620.

162 P.3d 347 (2007)

213 Or. App. 665

STATE of Oregon, Plaintiff-Respondent, v. Nathan Donovan PACHMAYR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 5, 2007.

Attorney(s) appearing for the Case

Timothy M. Bowman, filed the brief, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief, for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

WOLLHEIM, J.

Defendant appeals a judgment of conviction on three counts of assault in the second degree, ORS 163.175, and three counts of failure to perform the duties of a driver, ORS 811.705. Defendant challenges only his conviction on Count 2 for assault, arguing, first, that the trial court erred in denying his motion for a judgment of acquittal, and second, that the trial court made an impermissible amendment to the indictment. We agree with defendant that the...

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