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STATE v. RADER

05C48687, A132153.

195 P.3d 438 (2008)

223 Or. App. 169

STATE of Oregon, Plaintiff-Respondent, v. Matthew Abram RADER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

ORTEGA, J.

Following a bench trial, defendant was convicted on several charges arising from two incidents of domestic violence involving his girlfriend. On appeal, defendant challenges only his conviction for assault in the fourth degree, ORS 163.160. The assault was elevated from a misdemeanor to a felony offense based on the state's allegation, and the trial court's finding, that a minor child witnessed the assault. ORS 163.160(3)(c). Defendant contends that the...

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