State v. Baco

Defendant was convicted of criminal impersonation of a peace officer, in violation of ORS 162.367. Defendant appeals the resulting judgment, challenging his conviction on the ground that the state charged him by indictment with a different crime — criminal impersonation of a public servant, to wit: a peace officer, in violation of ORS 162.365. The state concedes the error. We agree and accept the state’s concession. See State v. Selmer, 231 Or App 31, 217 P3d 1092 (2009), rev den, 347 Or 608 (2010) (concluding that it was plain error to enter a judgment of unlawful possession of…