State v. Burns

Defendant appeals a judgment of conviction for two counts of criminal mistreatment in the first degree, ORS 163.205,1 for knowingly causing physical injury to two of his children by repeatedly striking or “spanking” them severely enough to produce large bruises on their buttocks. The issue on appeal is whether the two spankings constitute a single criminal episode or two separate criminal episodes for purposes of sentencing. The trial court concluded that the two spankings constituted separate criminal episodes. Defendant contends that the trial court improperly sentenced him when it relied…