State v. Taylor

                                     488

  Argued and submitted May 29, 2020; reversed and remanded, remanded for
               resentencing, otherwise affirmed Juy 21, 2021


                      STATE OF OREGON,
                       Plaintiff-Respondent,
                                 v.
                   JOHN HOWARD TAYLOR,
                      Defendant-Appellant.
                 Washington County Circuit Court
                      18CR48676; A169670
                                   

    Ricardo J. Menchaca, Judge.
   Kyle Krohn, Deputy Public Defender, argued the cause
for appellant. Also on the brief was Ernest G. Lannet, Chief
Defender, Criminal Appellate Section, Office of Public
Defense Services.
   E. Nani Apo, Assistant Attorney General, argued the
cause for respondent. Also on the brief were Ellen F. Rosenblum,
Attorney General, and Benjamin Gutman, Solicitor General.
  Before Armstrong, Presiding Judge, and Tookey, Judge,
and Kistler, Senior Judge.*
    PER CURIAM
   Reversed and remanded; remanded for resentencing;
otherwise affirmed.




______________
   * Tookey, J., vice DeVore, J.
Cite as 

 (2021)                           489

        PER CURIAM
         In this criminal appeal, we write to accept the
state’s concession of an argument in defendant’s 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 defendant’s remaining
assignments of error without discussion.
         Reversed and remanded; remanded for resentencing; otherwise affirmed.