Opinion
C93-08-35417; CA A83603
Submitted on record and briefs January 19, 1995
Convictions vacated; remanded with instructions March 22, 1995
Appeal from Circuit Court, Multnomah County.
James R. Ellis, Judge.
Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.
Before Richardson, Chief Judge, and Riggs and Landau, Judges.
PER CURIAM
Convictions vacated; remanded with instructions to enter single conviction and for resentencing.
Defendant appeals convictions for attempted first degree assault and conspiracy to commit first degree assault. His only assignment is that the court erred as a matter of law by failing to merge the two convictions into a single conviction under ORS 161.485(2). The state agrees that the court erred. We accept that concession.
The parties debate which one of the convictions should survive after the trial court merges them. That is a decision to be made in the first instance by the trial court.
Convictions vacated; remanded with instructions to enter single conviction and for resentencing.