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STATE v. WITHERSPOON

200912920, 190911299A, A143178 (Control), A144059, A144060.

280 P.3d 1004 (2012)

250 Or. App. 316

STATE of Oregon, Plaintiff-Respondent, v. Dustin Lee WITHERSPOON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 6, 2012.

Attorney(s) appearing for the Case

Erik Blumenthal , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Garttan , Chief Defender, Office of Public Defense Services.

Michael R. Washington , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and EDMONDS, Senior Judge.

ARMSTRONG, P.J.

Defendant appeals a judgment convicting him of, among other offenses, misdemeanor fourth-degree assault, ORS 163.160, menacing, ORS 163.190, and felony fourth-degree assault, ORS 163.160(3). He assigns error to the court's calculation of his criminal history score for purposes of sentencing him on the felony fourth-degree assault charge, arguing that the court erred in counting the other two convictions as part of his score and, as a result, erred...

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