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STATE v. McCLOUD

000849967; A112227

34 P.3d 699 (2001)

177 Or. App. 511

STATE of Oregon, Respondent, v. Patrick K. McCLOUD, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Garrett A. Richardson argued the cause and filed the brief for appellant.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

HASELTON, P.J.

Defendant appeals his convictions on two counts of third-degree sexual abuse. ORS 163.415. He argues that the trial court erred in entering two convictions rather than merging the two counts and entering a single conviction pursuant to ORS 161.067. As explained below, we agree that the trial court erred in failing to merge the convictions. We therefore reverse the convictions and remand for merger of the convictions and for resentencing.

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