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STATE v. RICKARDS

C93-08-35417; CA A83603.

891 P.2d 1383 (1995)

133 Or. App. 592

STATE of Oregon, Respondent, v. Rick David RICKARDS, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1995.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, filed the brief for appellant.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., filed the brief for respondent.

Before RICHARDSON, C.J., and RIGGS and LANDAU, JJ.

PER CURIAM.

Defendant appeals convictions for attempted first degree assault and conspiracy to commit first degree assault. His only assignment is that the court erred as a matter of law by failing to merge the two convictions into a single conviction under ORS 161.485(2). The state agrees that the court erred. We accept that concession.1

Convictions vacated; remanded with instructions...

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