State v. McCartney

Defendant appeals his conviction for felony driving while suspended (DWS). ORS 487.560(6). He makes four assignments of error: denial of two motions for mistrial; denial of a motion for judgment of acquittal; and the imposition of a felony rather than a misdemeanor conviction. We affirm.

The arresting officer testified that he stopped defendant’s car and ran a “records check.” The prosecutor asked, “And * * * what information did you gain from the records check?” The officer answered, “Our dispatcher came back on the radio and explained that [defendant] was suspended as an habitual offender.”…