State v. Foster

Defendant appeals judgments of conviction for two counts of assault in the second degree, ORS 163.175, arising out of a single act of throwing a beer glass into the face of the victim. He argues that the trial court plainly erred in failing to merge the guilty verdicts on those counts into a single conviction for second-degree assault. Defendant’s two convictions were based on ORS 163.175(1)(a), which provides that a person commits second-degree assault if the person “[intentionally or knowingly causes serious physical injury to another[,]” and ORS 163.175(1)(b), which provides that the crime…