State v. Connell
This text of 876 P.2d 867 (State v. Connell) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a trial to the court, defendant was found guilty of the uncharged crime of assault in the third degree, ORS 163.165, as a lesser included offense of assault in the second degree, ORS 163.175, for which he was indicted. On appeal, defendant argues that his motion for judgment of acquittal of assault in the third degree should have been granted, because that crime is not a lesser included offense of assault in the second degree. The state concedes that the court erred, and we accept that concession.
Defendant requests that we remand the case for entry of a conviction for the lesser included offense of assault in the fourth degree, ORS 163.160. We agree that that is the correct disposition.
Conviction for assault in the third degree reversed; remanded for entry of conviction for assault in the fourth degree and for resentencing.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
876 P.2d 867, 129 Or. App. 144, 1994 Ore. App. LEXIS 1074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-connell-orctapp-1994.