State v. Smith

Defendant appeals his judgment of conviction for two counts of unlawful use of a weapon (Counts 1 and 2), ORS 166.220(Ilia),1 and the trial court’s imposition of a fine and attorney fees. Defendant argues that the trial court wrongly interpreted the meaning of the word “use” in ORS 166.220(1) (a), contending that a person does not unlawfully “use” a weapon by merely threatening to use it against another person.2 Citing our decision in State v. Ziska, 253 Or App 82, 88-89, 288 P3d 1012 (2012), aff'd, 355 Or 799, 334 P3d 964 (2014), the state responds that “‘use’ in ORS 166.220(l)(a) describes…