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State v. Herrera-Cruz

Oregon Court of Appeals
May 31, 2006
136 P.3d 73 (Or. Ct. App. 2006)

Opinion

C033214CR;A124600.

Submitted on record and briefs May 5 2006.

May 31, 2006.

Appeal from Circuit Court, Washington County. Nancy W. Campbell, Judge.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Shawn Wiley, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacey RJ Guise, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Brewer, Chief Judge, and Rosenblum, Judge.


PER CURIAM

Convictions vacated and remanded for merger and for resentencing; otherwise affirmed.


Defendant appeals a judgment of conviction for two counts of felony fourth-degree assault. ORS 163.160. He asserts that the trial court erred in failing to merge the convictions. The state concedes that the trial court erred in failing to merge the convictions into a single conviction. We agree and accept the concession. State v. Glaspey, 337 Or 558, 567, 100 P3d 730 (2004).

Convictions vacated and remanded for merger and for resentencing; otherwise affirmed.


Summaries of

State v. Herrera-Cruz

Oregon Court of Appeals
May 31, 2006
136 P.3d 73 (Or. Ct. App. 2006)
Case details for

State v. Herrera-Cruz

Case Details

Full title:STATE OF OREGON, Respondent, v. SIGIFREDO HERRERA-CRUZ, Appellant

Court:Oregon Court of Appeals

Date published: May 31, 2006

Citations

136 P.3d 73 (Or. Ct. App. 2006)
136 P.3d 73