STATE v. KESSLER

No. C-82-07-36517; CA A27111.

671 P.2d 749 (1983)

65 Or.App. 380

STATE of Oregon, Respondent, v. Stephen Michael KESSLER, Appellant.

Court of Appeals of Oregon.

Decided November 9, 1983.


Attorney(s) appearing for the Case

Helen I. Bloch, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen. and Terry A. Leggert, Sp. Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

In this criminal proceeding, defendant appeals kidnapping convictions stemming from his escape from the Rocky Butte Jail. The only issue we address is whether the trial court should have merged the convictions for sentencing purposes. We hold that it should have done so.

On July 25, 1982, six inmates, including defendant, escaped from Rocky Butte Jail. During the course of the escape, four...

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