State v. Smith

The issue is whether a witness may be impeached by showing that although he had been found guilty of a Class C felony, the trial court had entered judgment of conviction for a Class A misdemeanor. We hold that the witness may be so impeached.

Approximately six months before the trial in the instant case, defendant had been prosecuted in circuit court in Oregon for theft in the first degree, a Class C felony, and had been found guilty. ORS 161.705(1) provided:

“Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:

“…