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STATE v. PHILLIPS

93C21516; A137773.

229 P.3d 631 (2010)

234 Or. App. 676

STATE of Oregon, Plaintiff-Respondent, v. Frank Marvin PHILLIPS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Zachary Lovett Mazer, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the briefs for appellant.

Frank Marvin Phillips, Jr., filed the supplemental brief pro se.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

SCHUMAN, P.J.

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.1 We conclude that defendant did not adequately preserve his claim of error. ORAP 5.45. We therefore affirm.

Defendant was convicted...

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