State v. Powell

Defendant appeals from convictions for one count of driving -under the influence of intoxicants, ORS 813.010, one count of assault in the third degree, ORS 163.165, one count of resisting arrest, ORS 162.315, and one count of attempted assault of a public safety officer, ORS 163.208(1). On appeal, defendant makes three assignments of error. A discussion of the first two assignments would not benefit the bench or the bar, and we therefore reject them without discussion. We turn to the third assignment of error, in which defendant asserts that the trial court used an incorrect legal standard in…