State v. Garrett

Defendant appeals his conviction for felony assault in the fourth degree, asserting two assignments of error. He contends that the trial court erred in failing to grant his demurrer to the indictment on the ground that the indictment violated ORS 132.540 by alleging that he had previously been convicted of the same offense against the same victim. He also contends that, because the prior conviction should not have been alleged in the indictment, the trial court erred in admitting evidence of the conviction rather than requiring the state to accept his stipulation to it. We affirm.

Defendant…