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STATE v. ALLEN

A166187.

489 P.3d 555 (2021)

311 Or. App. 271

STATE of Oregon, Plaintiff-Respondent, v. Thomas John Robert ALLEN, Defendant-Appellant.

Court of Appeals of Oregon.

May 12, 2021.

Attorney(s) appearing for the Case

Marc D. Brown , Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

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

Janis C. Puracal filed the brief amicus curiae for Forensic Justice Project.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

Defendant appeals from a judgment of conviction for first-degree assault and first-degree criminal mistreatment of his girlfriend's three-year-old child. The charges stem from an incident in which defendant called 9-1-1 after he was unable to wake the child, who had to undergo life-saving brain surgery to treat a subdural hemorrhage...

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