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STATE v. MOTA

No. A183042.

338 Or. App. 175 (2025)

STATE OF OREGON, Plaintiff-Respondent, v. CASIMIRO MOTA, Defendant-Appellant.

Court of Appeals of Oregon.

February 26, 2025.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and James Brewer, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant.

Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

LAGESEN, C. J.

Reversed.

Defendant appeals a judgment of conviction for second-degree failure to appear, ORS 162.195. The state concedes that the trial court erred in assuming that second-degree failure to appear is a lesser-included offense of firstdegree failure to appear, ORS 162.205. We agree with and accept the...

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