State v. Battles

Defendant was convicted of attempted murder, ORS 161.405; ORS 163.115, second-degree assault, ORS 163.175, and unlawful use of a weapon, ORS 166.220. On appeal from the resultant judgment, defendant contends that (1) the trial court erred in imposing departure sentences on the convictions, (2) the court plainly erred in imposing a unitary assessment on the attempted murder conviction, (3) the court plainly erred in imposing a 144-month sentence for the second-degree assault conviction, and (4) the court plainly erred in accepting a nonunanimous verdict and in instructing the jury that it…