State v. James

Defendant appeals a judgment of conviction for first-degree assault with a firearm (ORS 163.185), two counts of first-degree robbery with a firearm (ORS 164.415), unlawful use of a weapon with a firearm (UUW-firearm) (ORS 166.220), and felon in possession of a firearm with a firearm (FIP-firearm) (ORS 166.270). In six assignments of error, defendant challenges the trial court’s denial of his objection to purported “vouching” evidence, its denial of a mistrial motion, its failure to merge the guilty verdicts for UUW-firearm and FIP-firearm, its imposition of upward-departure sentences on two…