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STATE v. BASARGIN

01C54770; A120395.

162 P.3d 325 (2007)

213 Or. App. 515

STATE of Oregon, Plaintiff-Respondent, v. Fred BASARGIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Walter J. Ledesma, Senior Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Carolyn Alexander, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

After a jury trial, defendant was convicted of three counts of fourth-degree felony assault, ORS 163.160, all arising from an incident in which he kicked his girlfriend in the presence of the couple's two children. On appeal, defendant argues that the trial court erred by (1) failing to deliver a concurrence instruction to the jury regarding which of the two children witnessed the assault; (2) failing to suppress...

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