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STATE v. MONTGOMERY

No. 42401, CA 17484.

624 P.2d 151 (1981)

50 Or.App. 381

STATE of Oregon, Respondent, v. Jesse James MONTGOMERY, Appellant.

Court of Appeals of Oregon.

Decided February 9, 1981.

Reconsideration Denied March 19, 1981.

Review Denied April 7, 1981.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant was indicted for kidnapping in the first degree, burglary in the first degree, assault in the fourth degree, and menacing. The jury found him guilty of assault in the fourth degree, menacing, and kidnapping in the second degree. He was additionally convicted of the lesser included offense of criminal trespass in the first degree. At sentencing, the trial court found that the criminal trespass, assault and menacing convictions all merged...

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