Opinion
Nos. 96-588; CA A100434.
Argued and submitted September 30, 1999.
Filed November 10, 1999.
Appeal from Circuit Court, No. 96-588, Baker County, Milo Pope, Judge.
Judgment of conviction vacated; remanded for entry of judgment of conviction for lesser-included offense of third-degree assault. State v. Cook, 163 Or. App. 578, 989 P.2d 474 (1999).
Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.
Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Before Edmonds, Presiding Judge, and Armstrong, Judge, and Warren, Senior Judge.
Judgement of conviction vacated; remanded for entry of judgement of conviction for lesser-included offense of third-degree assault. State v. Cook, 163 Or. App. 578, 989 P.2d 474 (1999).