State of Oregon v. Urban

Court of Appeals of Oregon

State of Oregon v. Urban

325 P.3d 757, 262 Or. App. 176, 2014 WL 1327489, 2014 Ore. App. LEXIS 420

CourtCourt of Appeals of Oregon

DecidedApril 2, 2014

Docket10CR1715FE; A151307

StatusPublished

This text of 325 P.3d 757 (State of Oregon v. Urban) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State of Oregon v. Urban, 325 P.3d 757, 262 Or. App. 176, 2014 WL 1327489, 2014 Ore. App. LEXIS 420 (Or. Ct. App. 2014).

Pincite

Opinion

PER CURIAM

Defendant appeals from a judgment convicting him of three sexual offenses, arguing that the trial court erred by denying his motions for judgment of acquittal. We reject defendant’s arguments without discussion. However, because — as the state points out — there is an error in the judgment, we reverse and remand with instructions to correct that error.

Following a bench trial, the trial court found defendant guilty of attempted first-degree sexual abuse (as a lesser-included offense of the completed crime of first-degree sexual abuse, which was charged in Count 1), attempted first-degree unlawful sexual penetration (as a lesser-included offense of the completed crime of first-degree unlawful sexual penetration, which was charged in Count 2), and attempted first-degree sodomy (as charged in Count 3). The trial court correctly merged the guilty verdicts on Counts 1 and 2 for attempted first-degree sexual abuse and attempted first-degree unlawful sexual penetration, but the judgment of conviction erroneously reflects that the guilty verdicts were merged into a conviction for the completed offense of first-degree unlawful sexual penetration. We therefore remand for entry of a judgment finding defendant guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree unlawful sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first-degree unlawful sexual penetration.

Reversed and remanded for entry of a corrected judgment finding defendant guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree unlawful sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and for merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first-degree unlawful sexual penetration; otherwise affirmed.

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PER CURIAM

Defendant appeals from a judgment convicting him of three sexual offenses, arguing that the trial court erred by denying his motions for judgment of acquittal. We reject defendant’s arguments without discussion. However, because — as the state points out — there is an error in the judgment, we reverse and remand with instructions to correct that error.

Following a bench trial, the trial court found defendant guilty of attempted first-degree sexual abuse (as a lesser-included offense of the completed crime of first-degree sexual abuse, which was charged in Count 1), attempted first-degree unlawful sexual penetration (as a lesser-included offense of the completed crime of first-degree unlawful sexual penetration, which was charged in Count 2), and attempted first-degree sodomy (as charged in Count 3). The trial court correctly merged the guilty verdicts on Counts 1 and 2 for attempted first-degree sexual abuse and attempted first-degree unlawful sexual penetration, but the judgment of conviction erroneously reflects that the guilty verdicts were merged into a conviction for the completed offense of first-degree unlawful sexual penetration. We therefore remand for entry of a judgment finding defendant guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree unlawful sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first-degree unlawful sexual penetration.

Reversed and remanded for entry of a corrected judgment finding defendant guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree unlawful sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and for merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first-degree unlawful sexual penetration; otherwise affirmed.

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Bluebook (online)

325 P.3d 757, 262 Or. App. 176, 2014 WL 1327489, 2014 Ore. App. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-oregon-v-urban-orctapp-2014.