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STATE v. THERIAULT

A165703.

452 P.3d 1051 (2019)

300 Or. App. 243

STATE of Oregon, Plaintiff-Respondent, v. Sean Patrick THERIAULT, Defendant-Appellant.

Court of Appeals of Oregon.

October 23, 2019.

Attorney(s) appearing for the Case

Eric Johansen , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Greg Rios , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals from a judgment of conviction for fourth-degree assault constituting domestic violence. ORS 163.160; ORS 135.230. On appeal, defendant assigns error to both the trial court's denial of defendant's motion—made at trial—to require the state to elect which of defendant's acts it was relying on to establish...

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