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STATE v. BENSON

99C43012; A112479.

66 P.3d 569 (2003)

187 Or. App. 276

STATE of Oregon, Respondent, v. Michael David BENSON, Appellant.

Court of Appeals of Oregon.

Decided April 3, 2003.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and filed the brief for appellant.

Kaye E. McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Defendant appeals his judgment of conviction and sentence for two counts of felony murder of one victim based on two theories: burglary and robbery. ORS 163.115. We affirm without discussion four of defendant's five assignments of error. Defendant's fifth assignment is that the trial court erred in failing to merge defendant's convictions of felony murder and in sentencing defendant consecutively on two convictions for the murder of one person. The state...

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