Opinion
90-04-32061; CA A74577
Submitted on record and briefs January 12, 1993
Remanded with instructions; otherwise affirmed February 10, 1993
Appeal from Circuit Court, Multnomah County.
Stephen S. Walker, Judge.
Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, Salem, filed the brief for appellant.
Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Chief Judge, and Warren and Edmonds, Judges.
PER CURIAM
Remanded with instructions to merge all three convictions and for resentencing on one conviction; otherwise affirmed.
Defendant was convicted of conspiracy to commit aggravated murder, ORS 161.450, solicitation to commit aggravated murder, ORS 161.435, and attempted murder. ORS 161.405; ORS 163.115. He appealed, and we remanded for resentencing on the ground that the original judgment improperly imposed consecutive sentences on the conspiracy and solicitation counts. State v. Dodson, 111 Or. App. 643, 825 P.2d 662 (1992). On remand, the trial court imposed sentences on the conspiracy and solicitation counts to run concurrently, and a sentence on the attempted murder count to run consecutively to the other sentences.
Defendant argues that the conspiracy and solicitation counts should merge into one conviction. The state points out that, under ORS 161.485, all three convictions merge into one conviction. We agree with the state.
Remanded with instructions to merge all three convictions and for resentencing on one conviction; otherwise affirmed.