Wallace v. Maass

In this post-conviction proceeding, petitioner claims that the sentencing court violated the law in sentencing him. We affirm the post-conviction court’s denial of relief.

Petitioner was convicted of third degree assault, a Class C felony. ORS 163.165. He was sentenced to five years imprisonment, the maximum term for the offense. ORS 161.605(3). The sentencing court also found that defendant had threatened the use of a firearm during the commission of the crime and imposed a five-year “gun minimum,” pursuant to ORS 161.610. To prevail, petitioner must show that his “sentence [is] in excess of,…