State v. Torres

Defendant appeals from a judgment convicting him of assault in the second degree. ORS 163.175(1). He was sentenced to 90 months’ imprisonment. He argues that the trial court erred in entering a conviction for second-degree assault under an indictment that did not charge that crime and that the trial court erred in imposing sentence. We affirm the conviction but remand for resentencing.

Defendant participated in a bar fight in Hermiston. During the fight, he drew a semiautomatic pistol from under his jacket and fired it several times, hitting the victim three times. As a result, the victim is…