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STATE v. ATES, III

C071536CR; D073680M; A138180 (Control); A138181.

222 P.3d 52 (2010)

233 Or. App. 223

STATE of Oregon, Plaintiff-Respondent, v. Robert Lee ATES, III, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 6, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Meredith Allen, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

PER CURIAM.

In this consolidated criminal appeal, defendant appeals a judgment of conviction for third-degree assault in Case Number A138180 and a judgment of conviction for one count each of fourth-degree assault, misdemeanor attempting to elude a police officer, and harassment in Case Number A138181.

On appeal, defendant advances three assignments of error, all of them pertaining to his third-degree assault conviction in Case Number A138180. In his first...

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