State v. SCHLEIF

Defendant appeals a judgment of conviction for felony assault in the fourth degree, ORS 163.160. He argues on appeal that he is entitled to have his case remanded for resentencing in light of the Supreme Court’s decision in State v. Probst, 339 Or 612, 124 P3d 1237 (2005), a case that was decided after he was sentenced. For the reasons that follow, we affirm.

At sentencing, defendant objected to the trial court’s use of two Arizona convictions, which resulted from guilty pleas after he had waived counsel, in calculating his criminal history score. Under Oregon case law existing at the time of…