STATE v. RITNER

Nos. 31047, 31048; CA A26753.

675 P.2d 1085 (1984)

66 Or.App. 735

STATE of Oregon, Respondent, v. Scotty Joe RITNER, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1984.


Attorney(s) appearing for the Case

Donald O. Costello, Sisters, argued the cause for appellant. With him on brief were Costello & Goodwin, Sisters, and Richard A. Weill, Portland.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant appeals two convictions for furnishing alcohol to a minor. ORS 471.410(2). Both convictions involve related conduct. Because we find error in the trial court's failure to merge defendant's sentences, we remand for modification of his sentence and affirm in all other respects.

Defendant operated a filling station in John Day. He had two high school students in his employ. On June 13, 1981, he made beer available to both boys. In two...

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