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State v. Morton

Oregon Court of Appeals
Nov 27, 1991
820 P.2d 463 (Or. Ct. App. 1991)

Summary

accepting state concession that trial court had erred in failing to merge verdicts for second-degree assault under ORS 163.175 and for unlawful use of weapon under ORS 166.220

Summary of this case from State v. Deanda-Moreno

Opinion

90C20584; CA A67303

Submitted on record and briefs October 30, convictions affirmed; remanded for resentencing November 27, 1991

Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.

Richard F. Alway, and Winslow, Alway Craig, Salem, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Michael M. Pacheco, Assistant Attorney General, filed the brief for respondent.

Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.


PER CURIAM

Convictions affirmed; remanded for resentencing.


Defendant pled guilty to assault in the second degree and attempting to use a dangerous weapon. ORS 163.175; ORS 166.220. The court sentenced him on both convictions, the sentences to be served concurrently. The state concedes that the conviction for the attempt should have been merged with the conviction for assault and that only one sentence should have been imposed. We agree. State v. Crotsley, 308 Or. 272, 779 P.2d 600 (1989).

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Morton

Oregon Court of Appeals
Nov 27, 1991
820 P.2d 463 (Or. Ct. App. 1991)

accepting state concession that trial court had erred in failing to merge verdicts for second-degree assault under ORS 163.175 and for unlawful use of weapon under ORS 166.220

Summary of this case from State v. Deanda-Moreno

accepting state's concession that trial court had erred in failing to merge the defendant's convictions under ORS 163.175 and ORS 166.220

Summary of this case from State v. Ryder
Case details for

State v. Morton

Case Details

Full title:STATE OF OREGON, Respondent, v. JOHN WILLIAM MORTON, Appellant

Court:Oregon Court of Appeals

Date published: Nov 27, 1991

Citations

820 P.2d 463 (Or. Ct. App. 1991)
820 P.2d 463

Citing Cases

State v. Ryder

We accept that concession as well founded. See, e.g., State v. Morton, 110 Or App 40, 41, 820 P2d 463 (1991)…

State v. Deanda-Moreno

We accept that concession as well founded. See, e.g. , State v. Morton , 110 Or. App. 40, 41, 820 P.2d 463…