State v. Clayton

LINDER, J. pro tempore

Defendant appeals his conviction of felony violation of a court stalking protective order (VSPO), which can be charged and prosecuted as either a misdemeanor or felony, depending on whether a defendant has been previously convicted either of stalking or VSPO. ORS 163.750. Defendant argues that the evidence is insufficient to support the felony conviction; the state concedes that defendant is correct. We reverse and remand for entry of a conviction of misdemeanor violation of a court stalking protective order.

Defendant was tried by a jury. At the close of the state’s…