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STATE v. VANDERHOOF

(C940071CR; CA A96413).

985 P.2d 198 (1999)

161 Or. App. 140

STATE of Oregon, Respondent, v. Chad Arthello VANDERHOOF, Appellant.

Court of Appeals of Oregon.

Decided June 16, 1999.

Attorney(s) appearing for the Case

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

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 LANDAU, Presiding Judge, and BREWER, Judge, and WARREN, Senior Judge.

LANDAU, P.J.

Defendant was convicted of three counts of sexual abuse in the first degree. During sentencing, the trial court determined that defendant qualified for criminal history category B, based on the fact that defendant had a prior Oregon conviction for a person felony and two Washington convictions for person misdemeanors. One of the Washington convictions was for "simple assault." Defendant objected to the court's reliance on the simple assault conviction...

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