State v. Smith

Defendant appeals from a conviction for attempted theft by extortion. He testified on his own behalf. He assigns as error the trial court’s admission of evidence of his previous first degree theft conviction. The evidence was used to impeach his credibility as a witness. We affirm.

Although he had earlier been found guilty of theft in the first degree, ORS 164.055, a Class C felony, defendant argues that, because the conviction had been given misdemeanor treatment by the sentencing judge, it lacks the requisite felony status to be an impeachment crime under OEC 609:

“For the purpose of…