Opinion
No. A100410.
Argued and submitted September 30, 1999.
Filed November 10, 1999.
Appeal from Circuit Court, No. 96-587, Baker County, Milo Pope, Judge.
Judgment of conviction vacated; remanded for entry of judgment of conviction for lesser included offense of third-degree assault.
Eric M. Cumfer argued the cause and filed the briefs for appellant.
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.
Defendant appeals from a judgment convicting him of assault in the second degree. ORS 163.175(1)(c). All of defendant's assignment of errors, except one, were decided in a companion case. See State v. Cook, 163 Or. App. 578, 989 P.2d 474 (1999). Defendant's remaining assignment of error does not merit discussion.