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STATE v. BURNS

10C44374; A147455.

314 P.3d 288 (2013)

259 Or. App. 410

STATE of Oregon, Plaintiff-Respondent, v. Stephen Michael BURNS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Laura E. Coffin , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Doug M. Petrina , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before WOLLHEIM, Presiding Judge, and NAKAMOTO, Judge, and EDMONDS, Senior Judge.

NAKAMOTO, J.

Defendant appeals a judgment of conviction for two counts of criminal mistreatment in the first degree, ORS 163.205,1 for knowingly causing physical injury to two of his children by repeatedly striking or "spanking" them severely enough to produce large bruises on their buttocks. The issue on appeal is whether the two spankings constitute a single criminal episode or two separate criminal episodes for purposes of sentencing...

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