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STATE v. WEINGAERTNER

06C40843, A133093.

191 P.3d 753 (2008)

221 Or. App. 695

STATE of Oregon, Plaintiff-Respondent, v. Larry Dean WEINGAERTNER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

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

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and HUCKLEBERRY, Judge pro tempore.

PER CURIAM.

Defendant was convicted by a jury of two counts of felony assault in the fourth degree based on the same conduct against the same victim on the same date. On one count, defendant was convicted on the theory that he had previously been convicted of assaulting the victim, ORS 163.160(3)(a); on the other count, defendant was convicted on the theory that he had previously been convicted at least three times of assaults involving domestic violence, ORS 163...

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