State v. Touchstone

Defendant and the state have filed a joint motion for an order vacating the judgment convicting defendant of harassment, ORS 166.065(1)(a)(A), and directing the trial court to enter a judgment for attempted harassment and to resentence defendant accordingly. We grant the motion.

Defendant appeals from his conviction of a single count of harassment. The accusatory instrument alleged:

“The defendant, on or about August 26, 2001, in Washington County, Oregon, did unlawfully and with the intent to harass and annoy [the victim], subject [the victim] to offensive physical contact.”

After he was…