State v. Phillips

Defendant was convicted of two counts of contempt after he used profanity “in the immediate view and presence of the [trial] court.” ORS 33.096. On appeal, he argues that the second count is not supported by any facts in the record and, in any event, it should be merged into the first count. We conclude that defendant did not adequately preserve his claim of error. ORAP 5.45. We therefore affirm.

Defendant was convicted of several crimes in 1994. The post-conviction court vacated those convictions in 2007 and remanded the case to Marion County Circuit Court for a new trial. Before that trial,…