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STATE v. SPRING

(CF960667; CA A102831).

21 P.3d 657 (2001)

172 Or. App. 508

STATE of Oregon, Respondent, v. Jeffry Alan SPRING, Appellant.

Court of Appeals of Oregon.

Decided February 21, 2001.

Attorney(s) appearing for the Case

David E. Groom, Public Defender, and Kimi Nam, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

After a jury trial, defendant was convicted of rape in the second degree (count 1), ORS 163.365, sexual abuse in the first degree (count 2), ORS 163.427, rape in the third degree (count 3), ORS 163.355, and sexual abuse in the third degree (count 4), ORS 163.415. On appeal, defendant assigns error to the trial court's failure to merge his conviction on count 2 into count 1 and his conviction on count 4 into count 3.1 We review...

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