State v. Conroy
This text of 727 P.2d 980 (State v. Conroy) 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
Defendant was charged with assault in the fourth degree. ORS 163.160. After trial to the court, without a jury, the parties agreed that the crime of harassment, ORS 166.065, could be considered as if it were a lesser included offense. The court amended the complaint by interlineation and changed the charge to harassment. The court then announced a finding of not guilty of assault and guilty of harassment. However, the charge was not amended on the “Complaint Court Record and Judgment Order” so the judgment entered was for assault in the fourth degree.
The state concedes that the judgment is incorrect due to a clerical error. We accept that concession and remand the case for entry of a corrected judgment.
Defendant also contends that there was not sufficient evidence to support the trial court’s finding that he was guilty of harassment.' That issue was not raised during trial by defendant, and we do not address it.
Remanded for correction of the judgment; otherwise affirmed.
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Cite This Page — Counsel Stack
727 P.2d 980, 82 Or. App. 411, 1986 Ore. App. LEXIS 4008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-conroy-orctapp-1986.