State v. Gale

Defendant was convicted of assault in the second degree in violation of ORS 163.175 and makes three assignments of error: (1) the court erred in submitting the case to the jury because there was no evidence that the can opener used by defendant in committing the assault constitutes a dangerous weapon; (2) the court erred in refusing to submit defendant’s summarized statement of the issues to the jury, as requested by defendant pursuant to ORS 17.230; and (3) the trial court erred in imposing a mandatory minimum sentence pursuant to ORS 144.110(1) upon a conviction for an offense which…