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STATE v. LEE

No. 78-540-C; CA 11924.

594 P.2d 435 (1979)

40 Or.App. 113

STATE of Oregon, Respondent, v. Jack Marvin LEE, Appellant.

Court of Appeals of Oregon.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

Defendant seeks reversal of his convictions for assault in the fourth degree, attempted assault in the second degree, and resisting arrest. Defendant raises two assignments of error, only one of which warrants discussion.

Defendant's sentencing order lists the crimes for which he was convicted as follows:

"* * * [T]he defendant has been heretofore duly arraigned, tried and convicted of the offense [sic] of Count I, Assault In...

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