State v. Witherspoon

Defendant appeals a judgment convicting him of, among other offenses, misdemeanor fourth-degree assault, ORS 163.160, menacing, ORS 163.190, and felony fourth-degree assault, ORS 163.160(3). He assigns error to the court’s calculation of his criminal history score for purposes of sentencing him on the felony fourth-degree assault charge, arguing that the court erred in counting the other two convictions as part of his score and, as a result, erred in sentencing him to 14 months’ imprisonment on that count. The issue on appeal is whether defendant’s conviction for felony fourth-degree assault…