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STATE v. TAYLOR (2021)

Court of Appeals of Oregon.2021-07-21No. A169670

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Opinion

In this criminal appeal, we write to accept the states concession of an argument in defendants fourth assignment of error. Defendant contends that the trial court erred in concluding that the crime for which defendant was convicted—attempted fourth-degree assault—is a Class A misdemeanor. Defendant posits—and the state agrees—that the trial court was required to enter a judgment of conviction for a Class B misdemeanor. Because we agree with the parties (without stating the specifics of the circumstances), we reverse the judgment and remand so that the trial court can enter a conviction of attempted fourth-degree assault as a Class B misdemeanor. We reject defendants remaining assignments of error without discussion.

Reversed and remanded; remanded for resentencing; otherwise affirmed.

PER CURIAM