State v. Pemberton

*287EDMONDS, P. J.

Defendant appeals a judgment of conviction on two counts of assault in the third degree under ORS 163.165.1 That statute provides that a person commits the crime of assault in the third degree if the person

“(l)(i) Knowing the other person is a staff member [at a correctional facility], intentionally or knowingly propels any dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official dutiesf.]”

On appeal, defendant assigns error to the imposition of 13-month concurrent sentences on each…