State v. Fitzgibbon

Defendant was convicted on two counts of harassment. ORS 166.065. He appeals, asking that his convictions be reversed or, in the alternative, that the sentence imposed be vacated and the case be remanded for resentencing.

Seven of defendant’s assignments of error are without merit. We limit our discussion to the sixth assignment, on which we remand for resentencing.

In that assignment, defendant argues that the trial judge punished him for exercising his right to stand trial. Defendant claims that the trial judge was considerably more harsh in sentencing him after the trial than she would have…