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STATE v. McCLELLAN

91-CR2751FE; CA A76937.

870 P.2d 271 (1994)

127 Or. App. 128

STATE of Oregon, Respondent, v. Jeff Lawrence McCLELLAN, Appellant.

Court of Appeals of Oregon.

Decided March 23, 1994.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Thomas H. Denney, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

PER CURIAM.

Defendant was convicted for two counts of criminal mistreatment in the first degree, ORS 163.205, and two counts of assault in the fourth degree, ORS 163.160.

We write only to address defendant's second assignment of error, in which he argues that the assault convictions should have merged into the convictions for criminal mistreatment. The state concedes error, and we accept the concession.

Remanded for entry of amended judgment of conviction...

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