State v. Lovette

Defendant appeals from a judgment of conviction for assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065, assigning error to the court’s treatment of those charges as misdemeanors rather than violations. We affirm.

The issue in this case is the same as that addressed in State v. Bonnin, 144 Or App 263, 926 P2d 830 (1996): whether the state satisfied the requirements of ORS 161.565(2) in order to proceed with the charged offenses as misdemeanors. Defendant asserts that it did not, and that the trial court consequently erred by allowing both offenses to be prosecuted as…