State v. Bettles
This text of 261 P.3d 99 (State v. Bettles) 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.
Opinion
Defendant appeals a judgment of conviction for one count of assault in the first degree, ORS 163.185, and two counts of assault in the second degree, ORS 163.175. He contends that the trial court erred in refusing to merge the guilty verdicts for second-degree assault with the verdict for first-degree assault. The state concedes that the trial court erred by failing to merge the verdicts and agrees with defendant that the case should be remanded with instructions for the trial court to enter a judgment reflecting a single conviction for assault in the first degree. We agree and accept the state’s concession.
Reversed and remanded for entry of a judgment reflecting a single conviction for first-degree assault and for resentencing; otherwise affirmed.
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Cite This Page — Counsel Stack
261 P.3d 99, 245 Or. App. 496, 2011 Ore. App. LEXIS 1275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bettles-orctapp-2011.