State v. Mills

Defendant appeals a judgment of conviction of assault in the first degree, ORS 163.185, 1 and appeals his sentence imposed pursuant to ORS 137.700. 2 We view the facts in the light most favorable to the state, State v. Tucker, 315 Or 321, 325, 845 P2d 904 (1993), and affirm.

On March 24,1996, defendant and the victim, Rodney Trammel argued over the telephone regarding a disagreement they had had two days previously. Immediately afterwards, defendant went to Trammel’s house, and they again argued. As defendant was trying to push his way in the front door, Trammel pushed defendant away and…