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STATE v. BACO

CR1100589; A151427.

324 P.3d 491 (2014)

262 Or. App. 169

STATE of Oregon, Plaintiff-Respondent, v. John Akamine BACO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 2, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David Sherbo-Huggins , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and David B. Thompson , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and EDMONDS, Senior Judge.

PER CURIAM.

Defendant was convicted of criminal impersonation of a peace officer, in violation of ORS 162.367. Defendant appeals the resulting judgment, challenging his conviction on the ground that the state charged him by indictment with a different crime-criminal impersonation of a public servant, to wit: a peace officer, in violation of ORS 162.365. The state concedes the error. We agree and accept the state's concession. See State v. Selmer,

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