Submitted June 30, 2017
County Circuit Court 14CR23236 Gregory F. Silver, Judge.
G. Lannet, Chief Defender, Criminal Appellate Section, and
Laura A. Frikert, Deputy Public Defender, Offce of Public
Defense Services, fled the brief for appellant.
F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor
General, and Carson L. Whitehead, Assistant Attorney General,
fled the brief for respondent.
Tookey, Presiding Judge, and Hadlock, Chief Judge, and Egan,
appeals a judgment of conviction for various crimes,
including four counts of second-degree robbery (Counts 3
through 6). He argues that the trial court plainly erred by
entering separate convictions for robberies that were
committed against the same victim, in the same incident, but
charged under the different legal theories outlined in ORS
164.405(1)(a) and (b).
trial court plainly erred by failing to merge the guilty
verdicts on counts of second-degree robbery that related to
conduct toward one victim in a single incident, but that were
charged under different legal theories, and it is an
appropriate exercise of discretion to correct the error.
on Counts 3 and 5 reversed and remanded for entry of a
judgment of conviction for one count of second-degree
robbery; convictions on Counts [287 Or.App. 179] 4 and 6
reversed and remanded for entry of a judgment of conviction
for one count of second-degree robbery; remanded for
resentencing; otherwise affirmed.
TOOKEY, P. J.
appeals a judgment of conviction for one count of
first-degree robbery (Count 2), four counts of second-degree
robbery (Counts 3 through 6), one count of second-degree
assault (Count 7), two counts of third-degree assault (Counts
8 and 9), and two counts of coercion (Counts 10 and 11). We
write to address only defendant's second assignment of
error, in which he argues that the trial court plainly erred
by failing to merge the guilty verdicts on Counts 3 and 5,
and the guilty verdicts on Counts 4 and 6. We reject
defendant's remaining assignments of error related to
motions for judgment of acquittal without written discussion.
was convicted of four counts of second-degree robbery under
ORS 164.405, which provides, in part:
"(1) A person commits the crime of robbery in the second
degree if the person violates ORS ...