STATE v. OWEN

031035330; A125658.

149 P.3d 299 (2006)

209 Or. App. 662

STATE of Oregon, Respondent, v. Zachary Taylor OWEN, Appellant.

Court of Appeals of Oregon.

Decided December 13, 2006.


Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Meredith Allen, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Senior Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.


WOLLHEIM, J.

Defendant appeals a judgment of conviction for four counts of robbery in the second degree. ORS 164.405. He assigns error to the trial court's failure to merge his convictions into a single conviction for each victim. Although defendant failed to preserve his claims of error in the trial court, the court's failure to merge his convictions on Counts 4 and 6 of the indictment is error apparent on the face of the record, and we therefore consider it. We...

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