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STATE v. WHITE

(CC CR0001843; CA A114793; SC S53087).

147 P.3d 313 (2006)

341 Or. 624

STATE of Oregon, Petitioner on Review, v. Nathaniel Dale WHITE, Respondent on Review.

Supreme Court of Oregon.

Decided November 9, 2006.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Anne Fujita Munsey, Senior Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER and KISTLER, Justices.

GILLETTE, J.

In this criminal appeal, we are asked to explain the correct application of ORS 161.067, the so-called anti-merger statute, in circumstances in which a defendant is charged with multiple counts of burglary based on the same incident. The Court of Appeals held that the trial court misapplied ORS 161.067 when it denied defendant's request to merge two convictions for first-degree burglary. State v. White, 202 Or.App. 1

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