State v. Akin

Defendant was convicted of attempted assault in the second degree, ORS 163.175; ORS 161.405, and recklessly-endangering another person, ORS 163.195. He contends that the trial court erred when it imposed a five-year “gun-minimum” sentence. ORS 161.610. We review pursuant to ORS 138.222(4)(a) 2 and affirm.

Defendant and the victim had known each other for approximately 10 years. The victim allegedly threatened defendant. Later, defendant went to the victim’s residence with a shotgun that he had recently purchased. He was extremely intoxicated. Defendant testified at trial that he had “decided…