State v. Winkler

Defendant appeals his conviction for assault in the second degree, ORS 163.175, and burglary in the first degree. ORS 164.225. He assigns error to the denial of a motion for mistrial and the jury’s verdict finding him guilty of assault in the second degree. We affirm.

On December 7, 1991, the police were alerted to a burglary in progress and confronted defendant at the scene. Defendant, who was under the influence of intoxicants, attempted to escape in a vehicle. The police shot and wounded defendant as he was driving away. Defendant’s vehicle struck a police officer during the incident.…