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STATE v. LOPEZ-AGUIRRE

C010534CR; A119184.

124 P.3d 1290 (2005)

203 Or. App. 535

STATE of Oregon, Respondent, v. Alejandro LOPEZ-AGUIRRE, Appellant.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Brendan C. Dunn, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

PER CURIAM.

Defendant appeals a judgment of conviction for three counts of felony assault in the fourth degree. ORS 163.160. He asserts that the trial court erred in failing to merge the three convictions into a single conviction. He also asserts that, with respect to the second of the felony assault convictions, the trial court erred in failing to deliver a jury instruction on the lesser-included offense of misdemeanor assault in the fourth degree. He also asserts...

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