State v. Nord

Defendant was convicted after a jury trial of second-degree assault, ORS 163.175, fourth-degree assault, ORS 163.160, unlawful use of a weapon, ORS 166.220, resisting arrest, ORS 162.315, interference with making a report, ORS 165.572, and harassment, ORS 166.065. On the second-degree assault conviction, the trial court imposed an upward durational departure sentence of 90 months’ imprisonment, based on a finding that defendant had prior assault convictions arising out of other domestic violence incidents.

On appeal, defendant raises unpreserved arguments that the court should have merged…