- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 06-06-2012
- Case #: A143178
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Haselton, C.J.; and Edmonds, S.J.
- Full Text Opinion
Defendant appealed his criminal convictions. One evening, Defendant pulled his wife’s (M) hair, which aggravated a bulging disc in her neck; attempted to force M to stab Defendant; prevented M from calling the police; threw M against a book shelf; and smashed C’s (M’s son) face into a ladder. The State charged, inter alia, and convicted Defendant of misdemeanor fourth-degree assault, menacing, and fourth-degree assault. The State then argued, and the Trial Court agreed, that there was a break in time between the knife incident and when Defendant threw M into the bookshelf and, therefore, Defendant’s criminal history score on the latter incident should be “D” rather than “I” pursuant to OAR 213-004-0008. Defendant appealed and the Appellate Court held that there was no evidence to support the trial court’s conclusion that the series of events was interrupted, which would allow a calculation of Defendant’s criminal history score as “D” instead of “I.” Remanded for resentencing; otherwise affirmed.