Summary
holding that Barnum requires that two nonconsensual sexual touchings of the victim during the same criminal episode must result in separate convictions, but the merger of sentences.
Summary of this case from State v. Lucio-CamargoOpinion
000849967; A112227
Submitted on remand September 17, 2002.
Filed: October 30, 2002
On remand from the Oregon Supreme Court, State v. McCloud, 334 Or. 491, 52 P.3d 1056 (2002).
Appeal from Circuit Court, Multnomah County. Michael H. Marcus, Judge.
Garrett A. Richardson for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, Assistant Attorney General, for respondent.
Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.
PER CURIAM
Affirmed.
This case is before us on remand after the Supreme Court vacated our previous opinion in light of State v. Barnum , 333 Or. 297, 39 P.3d 178 (2002). State v. McCloud , 177 Or. App. 511, 34 P.3d 699 (2001), vacated, 334 Or. 491, 52 P.3d 1056 (2002). In light of the Supreme Court's decision in Barnum, we now affirm the trial court's decision.
Affirmed.