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STATE v. HERRERA-CRUZ

C033214CR; A124600.

136 P.3d 73 (2006)

206 Or. App. 231

STATE of Oregon, Respondent, v. Sigifredo HERRERA-CRUZ, Appellant.

Court of Appeals of Oregon.

Decided May 31, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Shawn Wiley, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacey RJ Guise, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for two counts of felony fourth-degree assault. ORS 163.160. He asserts that the trial court erred in failing to merge the convictions. The state concedes that the trial court erred in failing to merge the convictions into a single conviction. We agree and accept the concession. State v. Glaspey, 337 Or. 558, 567, 100 P.3d 730 (2004).

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