State v. Turntine, 336 P.3d 513

On Oct. 31, 2010 defendant pushed the victim; she hit her head. He pleaded guilty to fourth-degree assault and entered a deferred sentencing program (no final judgment at that time).
On June 4, 2011 defendant again assaulted the same victim, pushing her into a television and injuring her back and knee. He was charged with felony fourth-degree assault under ORS 163.160(3)(a).
The felony enhancement applies when the defendant "has previously been convicted of assaulting the same victim."
At trial defendant moved for judgment of acquittal, arguing "previously convicted" requires a final judgment of conviction on the prior assault; the trial court denied the motion.
Defendant also challenged restitution at sentencing, but that claim was not preserved and was not addressed on appeal.
The Court of Appeals reviewed statutory meaning and affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether "previously been convicted" in ORS 163.160(3)(a) requires a final judgment of conviction	State: "convicted" can mean a finding of guilt (plea or verdict) and the legislature intended the broader meaning here	Defendant: "previously convicted" means entry of a final judgment; otherwise legislature would have used terms like "verdict of guilt" or "adjudication of guilt"	Court: In a criminal-punitive statute, "convicted" includes a prior finding of guilt even if a formal judgment has not yet been entered; affirmed denial of acquittal

Vasquez v. Courtney, 272 Or. 477 (explains dual meanings of "convicted" and applies formal-judgment meaning where statute affects civil/political rights)
State v. White, 346 Or. 275 (discussion distinguishing a jury finding of guilt from entry of judgment; dictum in merger context)
State v. Dintelman, 112 Or. App. 350 (interprets "convicted" to require entry of judgment where statute turns on felony status at time of judgment)
State v. Gaines, 346 Or. 160 (statutory interpretation methodology referenced by court)