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STATE v. SMITH

Nos. C061180CR, A134823.

214 P.3d 824 (2009)

229 Or. App. 518

STATE of Oregon, Plaintiff-Respondent, v. Brian Dean SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Susan F. Drake, Senior Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

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

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Defendant appeals a judgment of convictions for criminal mistreatment in the first degree, ORS 163.205, and assault in the fourth degree, ORS 163.160. On appeal, he assigns error to the exclusion of evidence on relevance grounds under OEC 401 and to the trial court's refusal to merge his convictions. As discussed below, we affirm with regard to the trial court's exclusion of evidence. As to the trial court's refusal to merge convictions, the state concedes...

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