State v. Divers

PRO TEMPORE.

Defendant entered pleas of guilty to the offenses of assault in the fourth degree (ORS 163.160) and theft in the second degree (ORS 164.045), both Class A misdemeanors. The incident occurred in a retail store. A security officer, Thomas Moore, observed defendant remove his boots and put them on a shelf and take new boots from the shelf and put them on his feet. The officer started to say something to defendant about the boots when defendant struck him, breaking his nose. Moore was unable to work for a number of days. His employer paid him lost time benefits during his time off.…