STATE v. STUART

84-2497, 84-1693; CA A40383 (Control), A40497.

739 P.2d 74 (1987)

86 Or.App. 538

STATE of Oregon, Respondent, v. Frank John STUART, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1987.

Reconsideration Denied August 28, 1987.

Review Denied September 22, 1987.


Attorney(s) appearing for the Case

Frank John Stuart, filed the brief pro se for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen. and Douglas F. Zier, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.


PER CURIAM.

Defendant appeals his convictions for attempted murder and assault in the first degree. He contends, inter alia, that the trial court erred in failing to "merge" his convictions for purposes of conviction and sentencing. He did not raise the merger issue below. We will not consider it, because his assignment raises no new and different facets of the merger problem, and that any failure to merge would not result in egregious error. See State v...

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