Court of Appeals of Oregon December 24, 1996, 930910M; CA A89104 (State v. Jolley)

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RIGGS, P. J.

Defendant appeals from a judgment of conviction for assault in the fourth degree, ORS 163.160, and harassment, ORS 166,065, assigning error to the court’s treatment of the underlying charges as misdemeanors rather than violations. We affirm.

The issue in this case is the same as that addressed in

State v.