STATE v. SCHLEIF

200500418; A128439.

175 P.3d 1026 (2008)

217 Or. App. 506

STATE of Oregon, Plaintiff-Respondent, v. Richard Douglas SCHLEIF, aka Richard Douglas Schlief, whose true name is Richard Douglas Schleif, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 23, 2008.


Attorney(s) appearing for the Case

Ryan T. O'Connor argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.


PER CURIAM.

Defendant appeals a judgment of conviction for felony assault in the fourth degree, ORS 163.160. He argues on appeal that he is entitled to have his case remanded for resentencing in light of the Supreme Court's decision in State v. Probst, 339 Or. 612, 124 P.3d 1237 (2005), a case that was decided after he was sentenced. For the reasons that follow, we affirm.

At sentencing...

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