concluding that when alternative bases for granting or denying a motion to suppress turn on factfinding by the trial court, the case should be remanded

concluding that the crime of felony assault in the fourth degree is a distinct offense, a material element of which is the defendant's previous conviction of assaulting the same victim

allowing defendant to make an argument on remand that was not initially raised in the trial court

stating that, where alternative bases for granting or denying a motion to suppress exist and turn on factfinding by the trial court, a case should be remanded

noting legal standard of “legitimate doubt” about liability set forth in International Paper Co. v. Huntley, 106 Or.App. 107, 110, 806 P.2d 188 (“An employer's refusal to pay is not unreasonable if it has a legitimate doubt about its liability.”)

explaining that our opinions, even those that may be subject to review, control in deciding whether a penalty may be assessed against an employer for unreasonably refusing to process a workers' compensation claim