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STATE v. ENEMESIO

070043CR, 060040CR; A136698 (Control), A137263.

225 P.3d 115 (2010)

233 Or. App. 156

STATE of Oregon, Plaintiff-Respondent, v. Lenin Castro ENEMESIO, aka Castro Enemesio Lenin, aka Lenin Enemesio Castro, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 6, 2010.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Greg Rios, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

This is a criminal case in which defendant was convicted of second-degree assault, ORS 163.175, fourth-degree assault, ORS 163.160, strangulation, ORS 163.187, and coercion, ORS 163.275. Following a bench trial, the trial court merged the second- and fourth-degree assault convictions. On appeal, defendant assigns error to the trial court's rejection of his argument that the state did not present sufficient evidence...

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