State v. Qualey

Defendant was convicted of assault in the fourth degree, ORS 163.160, and on appeal, he challenges his sentence. We remand for resentencing.

Defendant was charged by indictment with assault in the second degree, ORS 163.175, and kidnapping in the second degree, ORS 163.225, arising from an altercation he had with his tenant’s young child. After a jury trial, defendant was convicted of the lesser included offense of assault in the fourth degree. At sentencing, the court suspended imposition of sentence and placed defendant on probation for 36 months. The court imposed several special conditions…