Legal Opinion

State v. Hambrick

Court of Appeals of Oregon

Decided August 20, 2003No. 200117739; A117314PublishedCited by 8 opinions

1Opinion of the Court

*312ARMSTRONG, J.

Defendant was charged by indictment with two counts of fourth-degree assault, ORS 163.160. Each count alleged all of the elements of that crime, which is ordinarily a misdemeanor. Each count also alleged an additional element that enhanced the crime to a felony. In count one, that element was a prior conviction for assaulting the same victim. ORS IRS.ldCKSXa).1 Defendant made a written judicial admission to that element, stipulating “that he has been convicted of Assault in the Fourth Degree * * * with the victim being [the same victim as in this case].” He coupled that admission…

2Cases cited14 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. State v. NicholsWest Virginia Supreme Court · 1999
  3. State v. ZimmerleeOregon Supreme Court · 1972
  4. State v. LeeSupreme Court of Kansas · 1999
  5. Glover v. CommonwealthCourt of Appeals of Virginia · 1986

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. HessOregon Supreme Court · 2007
  2. State v. WilsonCourt of Appeals of Oregon · 2011
  3. State v. HessCourt of Appeals of Oregon · 2003
  4. State v. ClaytonCourt of Appeals of Oregon · 2007
  5. State v. Cazarez-LopezCourt of Appeals of Oregon · 2018

3 more not listed; retrieve them via the Exa API.

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