State v. Jacobs

This is a consolidated appeal of two criminal convictions, one for assault, one for burglary. In the first case, defendant was charged with two counts of assault in the first degree and, upon a trial to the court, found guilty of two counts of assault in the second degree. He contends that the crime of which he was convicted was not included in the greater crime with which he was charged. In each case, he challenges the validity of the sentence.

The indictment was brought under ORS 163.185(1), which provides:

"A person commits the crime of assault in the first degree if he intentionally causes…