State v. Burgess

Court of Appeals of Oregon

State v. Burgess

898 P.2d 1370, 135 Or. App. 534, 1995 Ore. App. LEXIS 1038

CourtCourt of Appeals of Oregon

DecidedJuly 19, 1995

Docket94CR-0038, 94CR-0103; CA A85171 (Control), A85172

StatusPublished

This text of 898 P.2d 1370 (State v. Burgess) 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 v. Burgess, 898 P.2d 1370, 135 Or. App. 534, 1995 Ore. App. LEXIS 1038 (Or. Ct. App. 1995).

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Opinion

PER CURIAM

This consolidated appeal involves two indictments that charged defendant with felony driving while revoked (FDWR). Each indictment accused defendant of committing two counts of FDWR. After a trial by stipulated facts, defendant was convicted on all four counts. The trial court entered separate judgments in each case. It merged counts 1 and 2 in each indictment for sentencing. Defendant appeals the convictions that were based on count 2 in each indictment. Those counts were both based on the fact that defendant drove on a public highway during the period in which her driving privileges were revoked by the Circuit Court of Jefferson County.

Defendant argues that, under State v. Daniels, 320 Or 466, 886 P2d 1019 (1994), at most, she could be found guilty under count 2 in both indictments of committing a class B traffic infraction. The state concedes that defendant is correct. The state argues that it is unnecessary to remand for entry of convictions for the infractions, because each infraction would merge with the corresponding felony conviction. ORS 161.067(1). We agree. Accordingly, we vacate the convictions on count 2 in each case.

Convictions on count 2 in CA A85171 and count 2 in CA A85172 vacated; remanded for entry of corrected judgment; otherwise affirmed.

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PER CURIAM

This consolidated appeal involves two indictments that charged defendant with felony driving while revoked (FDWR). Each indictment accused defendant of committing two counts of FDWR. After a trial by stipulated facts, defendant was convicted on all four counts. The trial court entered separate judgments in each case. It merged counts 1 and 2 in each indictment for sentencing. Defendant appeals the convictions that were based on count 2 in each indictment. Those counts were both based on the fact that defendant drove on a public highway during the period in which her driving privileges were revoked by the Circuit Court of Jefferson County.

Defendant argues that, under State v. Daniels, 320 Or 466, 886 P2d 1019 (1994), at most, she could be found guilty under count 2 in both indictments of committing a class B traffic infraction. The state concedes that defendant is correct. The state argues that it is unnecessary to remand for entry of convictions for the infractions, because each infraction would merge with the corresponding felony conviction. ORS 161.067(1). We agree. Accordingly, we vacate the convictions on count 2 in each case.

Convictions on count 2 in CA A85171 and count 2 in CA A85172 vacated; remanded for entry of corrected judgment; otherwise affirmed.

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Bluebook (online)

898 P.2d 1370, 135 Or. App. 534, 1995 Ore. App. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burgess-orctapp-1995.

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