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STATE v. ZUNIGA-OCEGUEADA

10-90-05496; CA A66863.

824 P.2d 427 (1992)

111 Or.App. 54

STATE of Oregon, Respondent, v. David ZUNIGA-OCEGUEADA, Aka David Ocegueada Zuniga, Appellant.

Court of Appeals of Oregon.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Thomas H. Denney, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Defendant pled guilty to robbery in the second degree, ORS 164.405, assault in the fourth degree, ORS 163.160, and resisting arrest. ORS 162.315. He argues that the trial court should have merged his convictions for robbery and assault and imposed a single sentence "because the assault was part of the robbery." He urges us to overrule State v. Owens, 102 Or.App. 448, 795 P.2d 569

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