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-MorenoOpinion
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.