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STATE v. FOX

C87-11-36697; CA A48578.

779 P.2d 197 (1989)

98 Or.App. 356

STATE of Oregon, Respondent, v. Joseph Scott FOX, Appellant.

Court of Appeals of Oregon.

Decided September 6, 1989.

Reconsideration Denied November 17, 1989.

Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Defendant appeals his convictions for burglary in the first degree, ORS 164.225, attempted aggravated felony murder with a firearm, ORS 163.095, attempted murder with a firearm, ORS 163.115, and attempted assault in the first degree with a firearm. ORS 163.185. The state concedes that the attempted murder and attempted assault counts merge with the attempted aggravated felony murder count, and we remand for entry of a single judgment of conviction on the...

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