State v. Engerseth

Following a jury trial, defendant was convicted of unlawful use of a weapon, ORS 166.220, tampering with a witness, ORS 162.285, and menacing, ORS 163.190. The trial court entered a judgment that, among other things, imposed an upward departure sentence of 60 months’ imprisonment for the unlawful use of a weapon conviction. The court based the departure on defendant’s stipulation to the fact that he was “on supervision” when he committed the crime. After filing a notice of appeal, defendant moved to correct errors in the judgment pursuant to ORS ISS.OSSUXa).1 He argued, in part, that the…