[DV_listserv] Legal Update--Prior Convictions

[Domestic Violence issues]

State v. R-Robinson
Date Filed: 03-16-2016
Case #: A157373
Ortega, P.J.; Lagesen, J.; & Garrett, J. Per Curiam.
Full Text Opinion:  http://www.publications.ojd.state.or.us/docs/A157373.pdf

Under OAR 213-004-0011(1), an out-of-state adult conviction may  be used to classify an offender's criminal history only where the elements of the offense would have constituted a felony or Class A misdemeanor under Oregon law.

Facts: Defendant was convicted of an Assault IV/Felony (constituting DV) in Oregon. During sentencing, the State argued that Defendant's two assault convictions from Colorado should count towards calculating Defendant's criminal history score. The court agreed, found the Defendant to be a 6-D, and sentenced him accordingly. On appeal, the COA found that Colorado's assault statute is broader than Oregon's (Colorado's statute includes language to include "impairment of physical or mental condition." Oregon's assault statute only covers physical, not mental, injury. Additionally, there was no evidence on the record to support a finding that Defendant's Colorado convictions involved impairment of physical condition so that it would be equivalent to Oregon's. Remanded for sentencing.



















Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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