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STATE v. ALVAREZ

C072848CR; A139512.

246 P.3d 26 (2010)

240 Or. App. 167

STATE of Oregon, Plaintiff-Respondent, v. Maximilliano ALVAREZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Eric Johansen , Senior Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Appellate Division, Office of Public Defense Services.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Defendant appeals from a judgment of conviction stemming from an apparently gang-related assault in which he used a metal baseball bat to beat a 16-year-old victim, and an accomplice used a metal rod. A jury returned guilty verdicts on counts of assault in the first degree, assault in the second degree, and three counts of unlawful use of a weapon. Two charges—first-degree assault and one count of unlawful use of a weapon—alleged that defendant...

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