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STATE v. MERRILL

A165105.

463 P.3d 540 (2020)

303 Or. App. 107

STATE of Oregon, Plaintiff-Respondent, v. Nicholas Patrick MERRILL, Defendant-Appellant.

Court of Appeals of Oregon.

March 18, 2020.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Zachary Lovett Mazer, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the briefs for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

Defendant appeals from a judgment of conviction for felony fourth-degree assault constituting domestic violence, ORS 163.160, and felony strangulation constituting domestic violence, ORS 163.187. On appeal, defendant's first and second assignments of error both concern the interplay between the strangulation and fourth-degree assault statutes...

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