State v. Enemesio

This is a criminal case in which defendant was convicted of second-degree assault, ORS 163.175, fourth-degree assault, ORS 163.160, strangulation, ORS 163.187, and coercion, ORS 163.275. Following a bench trial, the trial court merged the second- and fourth-degree assault convictions. On appeal, defendant assigns error to the trial court’s rejection of his argument that the state did not present sufficient evidence to support his conviction for second-degree assault. We reject that assignment without discussion. Defendant also asserts that the trial court erred in imposing an upward departure…