STATE v. FICKES

No. J77-2413; CA 10365.

584 P.2d 770 (1978)

36 Or.App. 361

STATE of Oregon, Respondent, v. Donald Dean FICKES, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1978.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.


SCHWAB, Chief Judge.

Defendant appeals from his convictions for attempted murder, first-degree robbery and second-degree robbery. The charges all involved the same victim and conduct at the same time and place. The only question raised which was also raised in the trial court and thus preserved on appeal is: To what extent do the three convictions merge?

I. The Robbery Convictions.

The first-degree robbery charge alleged defendant "did attempt...

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