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STATE v. TAYLOR

A169670.

491 P.3d 89 (2021)

313 Or. App. 488

STATE of Oregon, Plaintiff-Respondent, v. John Howard TAYLOR, Defendant-Appellant.

Court of Appeals of Oregon.

July 21, 2021.

Attorney(s) appearing for the Case

Kyle Krohn , 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.

E. Nani Apo , 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 Kistler, Senior Judge.

In this criminal appeal, we write to accept the state's concession of an argument in defendant's fourth assignment of error. Defendant contends that the trial court erred in concluding that the crime for which defendant was convicted—attempted fourth-degree assault—is a Class A misdemeanor. Defendant posits—and the state...

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