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STATE v. KUZNETSOV

CR03113871; CR0314194; A129452 (Control), A129453, A129454.

170 P.3d 1130 (2007)

215 Or. App. 533

STATE of Oregon, Plaintiff-Respondent, v. Veniamin N. KUZNETSOV, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 31, 2007.

Attorney(s) appearing for the Case

Kristin Carveth, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Kaye E. McDonald, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

BREWER, C.J.

Defendant was charged by information with, among other offenses, misdemeanor assault in the fourth degree. ORS 163.160(1). The information alleged that, with a criminally negligent mental state, defendant caused physical injury to the victim with a deadly weapon, a vehicle. However, a vehicle is not a deadly weapon. See State v. Hill, 298 Or. 270, 273, 692 P.2d 100 (1984). Accordingly...

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