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STATE v. GARDNER

Nos. 20CR04325; A178700.

328 Or. App. 639

STATE OF OREGON, Plaintiff-Respondent, v. NORMAN JAMES GARDNER III, Defendant-Appellant.

Court of Appeals of Oregon.

October 11, 2023.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kristin A. Carveth, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jon Zunkel-deCoursey, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge.

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

ORTEGA, P. J.

Remanded for resentencing; otherwise affirmed.

Defendant pleaded guilty to felony fourth-degree assault constituting domestic violence and received a downward departure...

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