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STATE v. ROBERTS

A163301.

427 P.3d 1130 (2018)

293 Or.App. 340

STATE of Oregon, Plaintiff-Respondent, v. Daniel Ted ROBERTS, Defendant-Appellant.

Court of Appeals of Oregon.

August 15, 2018.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, and Stacy M. Du Clos, Deputy Public Defender, Criminal Appellate Section, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Susan Yorke, Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Defendant, who slapped his three-year-old son on the face hard enough to leave a red mark that persisted for several days, challenges his convictions for first-degree criminal mistreatment, ORS 163.205, and third-degree assault, ORS 163.165. An element of both those crimes, as charged in this case, is that the defendant caused the...

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