State v. Hambrick
Court of Appeals of Oregon
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
- Old Chief v. United StatesSupreme Court of the United States · 1997
- State v. NicholsWest Virginia Supreme Court · 1999
- State v. ZimmerleeOregon Supreme Court · 1972
- State v. LeeSupreme Court of Kansas · 1999
- Glover v. CommonwealthCourt of Appeals of Virginia · 1986
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3Cited by8 opinions
- State v. HessOregon Supreme Court · 2007
- State v. WilsonCourt of Appeals of Oregon · 2011
- State v. HessCourt of Appeals of Oregon · 2003
- State v. ClaytonCourt of Appeals of Oregon · 2007
- State v. Cazarez-LopezCourt of Appeals of Oregon · 2018
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