State v. Flowers

Defendant appeals his convictions for menacing and criminal mischief in the second degree. ORS 163.190; ORS 164.354. Finding no merit in his several assignments of error, we affirm the substance of his appeal. However, we write to respond to the parties’ supplemental briefs, which address whether this case is affected by our holding in State v. Rudder, 133 Or App 174, 889 P2d 1367 (1995), now pending on reconsideration.

Defendant committed the offenses, which are both class A misdemeanors, in March 1993. At that time, the maximum fine for class A misdemeanors was $2,500, and district courts…