State v. Hayes

Defendant appeals from a judgment of conviction on five offenses, assigning error to the court’s treatment of four1 of the offenses as misdemeanors rather than violations. We reverse and remand.

Defendant asserts, and the state concedes, that the trial court erred by entering misdemeanor convictions and sentencing her as a misdemeanant on four counts, on the ground that the underlying charges were for violations, as a matter of law, because the district attorney failed to satisfy the requirements of ORS 161.565(2).2 State v. Bonnin, 144 Or App 263, 926 P2d 830 (1996).

Although defendant did not…