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STATE v. MALONE

C89-09-34962; CA A63943.

824 P.2d 430 (1992)

111 Or.App. 112

STATE of Oregon, Respondent, v. Anthony James MALONE, 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.

Timothy A. Sylwester, 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.

PER CURIAM.

Defendant was convicted of compelling prostitution, ORS 167.017, and promoting prostitution. ORS 167.012. He argues that the trial court erred in not merging the convictions. He seeks vacation of his conviction for promoting prostitution.

Offenses do not merge if proof of each offense requires proof of an element that the other does not. ORS 161.067. ORS 167.012(1)(c) — defining the crime of promoting prostitution — requires proof...

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