State v. Smith
State v. Smith
Opinion of the Court
Defendant was convicted by a jury of one count of resisting arrest, ORS 162.315, one count of failure to display an automobile operator’s license, ORS 482.040, two counts of assaulting a public safety officer, ORS 163.208, and one count of attempting to assault a public safety officer. The trial court sentenced him to a total of 120 days in jail, which includes 30 days for each completed assault and 30 days for the attempted assault.
Defendant contends, inter alia, that the trial court erroneously sentenced him for three completed assaults rather than two completed assaults and one attempted assault.
Convictions affirmed; remanded for resentencing on attempted assault conviction only.
We have considered and reject defendant’s other contentions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.