State v. Magee
This text of 142 P.3d 123 (State v. Magee) 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 was convicted of, among other offenses, one count of attempted burglary (with intent to commit harassment) and one count of attempted burglary (with intent to commit menacing). ORS 164.225; ORS 161.405. Defendant argues that the two attempted burglaries — both based on a single attempted entry — should have merged into a single conviction for attempted burglary. The state concedes that the trial court erred in failing to merge the convictions. State v. Barrett, 331 Or 27, 10 P3d 901 (2000). We agree and accept the concession.1
Reversed and remanded with instructions to merge convictions for attempted burglary and for resentencing; otherwise affirmed.
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Cite This Page — Counsel Stack
142 P.3d 123, 207 Or. App. 637, 2006 Ore. App. LEXIS 1339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-magee-orctapp-2006.