FILED: November 10, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

GARRETT ISAAC STANLEY,

Appellant.

(96-588; CA A100434)

Appeal from Circuit Court, Baker County.

Milo Pope, Judge.

Argued and submitted September 30, 1999.

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Armstrong, Judge, and Warren, Senior Judge.

PER CURIAM

Judgment of conviction vacated; remanded for entry of judgment of conviction for lesser-included offense of third-degree assault. State v. Cook, ___ Or App ___, ___ P2d ___ (decided October 27, 1999).


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