Opinion · Orlaw Oregon

STATE v. TAYLOR, 97 Or. App. 261 (1989)

774 P.2d 1121

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1989-06-14
Topic
general

STATE v. TAYLOR, 97 Or. App. 261 (1989) 774 P.2d 1121 STATE OF OREGON, Respondent, v. GAYLON MICHAEL TAYLOR, Appellant. 87-06-33132; CA A48707Oregon Court of Appeals.Argued and submitted April 26, 1989 Conviction for assault reversed; remandedfor resentencing; otherwise affirmed June 14, 1989 Appeal from the Circuit Court, Multnomah County, Stephen B. Gallagher, Judge.

Citator

UpLaw has not yet analyzed STATE v. TAYLOR, 97 Or. App. 261 (1989). The absence of a flag is not a finding that it is good law.

STATE v. TAYLOR,97 Or. App. 261(1989)
774 P.2d 1121
STATE OF OREGON,Respondent,v. GAYLON MICHAEL TAYLOR,Appellant.
87-06-33132; CA A48707
Oregon Court of Appeals.
Argued and submitted April 26, 1989
Conviction for assault reversed; remanded
for resentencing; otherwise affirmed June 14, 1989
Appeal from the Circuit Court, Multnomah County, Stephen B. Gallagher, Judge.
David E. Groom, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Ann Kelley, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Teresa Ozias, Certified Law Student, Salem.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM

Conviction for assault reversed; remanded for resentencing; otherwise affirmed.Page 262
PER CURIAM
Defendant was indicted for robbery in the first degree, ORS164.415, and robbery in the second degree. ORS164.405. The court, sitting without a jury, found him guilty of assault in the second degree, ORS163.175, which it concluded is a lesser included offense of robbery, and of theft in the second degree. ORS164.045.1Defendant contends, and the state concedes, that the court erred in finding him guilty of assault, because it is not a lesser included offense of robbery in the first or second degree. We agree.State v. Cartwright,40 Or. App. 593,595 P.2d 1289(1979).

Conviction for assault reversed; remanded for resentencing; otherwise affirmed.Page 263
  1. Defendant does not challenge his conviction for theft. ↩