State v. Glaspey

In this criminal action, defendant seeks review of a Court of Appeals decision affirming his convictions on two counts of felony assault in the fourth degree. Defendant contends that the conduct and circumstances underpinning the convictions cannot support two separate felony convictions. We agree with defendant and, accordingly, reverse the decision of the Court of Appeals.

Defendant was charged with two counts of fourth-degree assault, ORS 163.160, based on a single incident of “caus [ing] physical injury” to a single person — his wife. Fourth-degree assault ordinarily is a Class A…