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STATE v. MORTON

90C20584; CA A67303.

820 P.2d 463 (1991)

110 Or.App. 40

STATE of Oregon, Respondent, v. John William MORTON, Appellant.

Court of Appeals of Oregon.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Richard F. Alway, and Winslow, Alway & Craig, Salem, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael M. Pacheco, Asst. Atty. Gen., filed the brief, for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

Defendant pled guilty to assault in the second degree and attempting to use a dangerous weapon. ORS 163.175; ORS 166.220. The court sentenced him on both convictions, the sentences to be served concurrently. The state concedes that the conviction for the attempt should have been merged with the conviction for assault and that only one sentence should have been imposed. We agree. State v. Crotsley, 308 Or. 272,

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