Opinion
No. C 81-04-31910, CA A21440
Submitted on record and briefs October 28, 1981
Reversed November 16, 1981
Appeal from Circuit Court, Multnomah County.
R. E. Jones, Judge.
J. Bradford Benziger, Portland, filed the brief for appellant.
Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem, filed the brief for respondent.
Before Gillette, Presiding Judge, and Roberts and Young, Judges.
PER CURIAM.
Reversed.
As the state correctly concedes, defendant's conviction for a "lesser included offense" of harassment (he was originally charged with kidnapping) was not proper. See State v. Sanderson, 33 Or. App. 173, 575 P.2d 1025 (1978); State v. Washington, 273 Or. 829, 543 P.2d 1058 (1978).
Defendant's conviction is reversed.