State v. Stillwell

Defendant was convicted of assault in the second degree, ORS 163.175, a felony, and four misdemeanors: two counts of assault in the fourth degree, ORS 163.160; menacing, ORS 163.190; and criminal mischief in the second degree. ORS 164.354. The court imposed a prison sentence of 13 months with 36 months post-prison supervision on the felony conviction and three years probation on the misdemeanor convictions. The probation term on one misdemeanor assault was to begin on defendant’s release from prison.1

Defendant argues that the court did not have authority to impose a term of probation that is…