State v. VON MELKER

Defendant was convicted of one count of assault in the third degree, ORS 163.165, and two counts of unlawful use of a weapon, ORS 166.220. The jury found that defendant used a firearm in the commission of all three offenses. The trial court sentenced him to three 60-month “gun minimum” sentences on each of the three counts. ORS 161.610. In addition, the trial court imposed 36 months of post-prison supervision on each conviction.

On appeal, defendant challenges the sufficiency of the evidence on the assault charge. We affirm that conviction without discussion. Next, defendant argues that the…