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STATE v. TURNTINE

C111190CR; A149335.

336 P.3d 513 (2014)

265 Or. App. 323

STATE of Oregon, Plaintiff-Respondent, v. Sean Michael TURNTINE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 4, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Anne Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and DE MUNIZ, Senior Judge.

DE MUNIZ, S.J.

Defendant appeals a judgment of conviction for felony assault in the fourth degree. ORS 163.160(3).1 Defendant assigns two errors: (1) the trial court's denial of his motion for judgment of acquittal on the ground that the state failed to prove that defendant had been "previously convicted" of assaulting the victim, and (2) the trial court's imposition of restitution when the state failed to present any evidence regarding...

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