FILED: February 9, 2000

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

SHANNON MARLER,

Appellant.

(96590; CA A100447)

Appeal from Circuit Court, Baker County.

Milo Pope, Judge.

Argued and submitted December 16, 1999.

Lester E. Seto argued the cause and filed the brief for appellant.

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 De Muniz, Presiding Judge, and Haselton and Wollheim, Judges.

PER CURIAM

Judgment of conviction vacated; remanded for entry of judgment of conviction for lesser included offense of third degree assault. State v. Cook, 163 Or App 578, 989 P2d 474 (1999).


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