State v. Bolduc

Defendant was convicted after trial by jury of tampering with a witness, ORS 162.285 and assault in the fourth degree. ORS 163.160. He was sentenced to one year in the county jail on the assault charge and placed on five year probation on the other charge. On appeal he contends that the court erred in not stating its reasons for the sentence imposed on the first charge and in failing to merge the two convictions for the purposes of sentencing.

The victim involved in these two charges testified against defendant in defendant’s trial for burglary, which ended in a mistrial. Prior to the retrial,…