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STATE v. GARRETT

C000056CR; A112008.

66 P.3d 554 (2003)

187 Or. App. 201

STATE of Oregon, Respondent, v. Kevin Joseph GARRETT, Appellant.

Court of Appeals of Oregon.

Decided April 3, 2003.

Attorney(s) appearing for the Case

David E. Groom, Acting Executive Director, Office of Public Defense Services, and Steven V. Humber, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

ARMSTRONG, J.

Defendant appeals his conviction for felony assault in the fourth degree, asserting two assignments of error. He contends that the trial court erred in failing to grant his demurrer to the indictment on the ground that the indictment violated ORS 132.540 by alleging that he had previously been convicted of the same offense against the same victim. He also contends that, because the prior conviction should not have been alleged in the indictment, the...

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