State v. Mitchell

Defendant appeals his conviction for assault in the second degree. ORS 163.175. He contends that the court erred in allowing the state to impeach two of its own witnesses and in not granting a mistrial because of impermissible argument to the jury by the prosecutor. He also contends that he was entitled to a jury determination of facts that the court used to impose an enhanced sentence under ORS 161.725.

We conclude that the court did not err in permitting the state to impeach its witnesses or in denying defendant’s motion for mistrial. We address only the claim regarding sentencing.

Defendant…