State v. Torres

The state petitions for reconsideration of our decision in State v. Torres, 182 Or App 156, 48 P3d 170 (2002), in which we affirmed defendant’s conviction for assault in the second degree and remanded for resentencing. We grant reconsideration but reject the state’s argument and adhere to our original disposition.

Defendant was convicted of second-degree assault and sentenced to 90 months in prison. In our original opinion, we remanded the case for resentencing, holding that the use of defendant’s Washington state conviction to enhance his sentence was inappropriate because the state had not…