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STATE v. OROBIO-JUAN

A132306, 05C53403.

186 P.3d 326 (2008)

220 Or. App. 446

STATE of Oregon, Plaintiff-Respondent, v. Zeferino OROBIO-JUAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and David C. Degner, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Carolyn Alexander, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of assault in the second degree, ORS 163.175, contempt of court, ORS 33.015, and two counts of felony fourth-degree assault, ORS 163.160. On appeal, defendant argues that the trial court erred in failing to merge the two convictions for felony fourth-degree assault. Defendant acknowledges that he did not preserve the claim of error, but asserts that it is error apparent on the face of the record, ORAP 5.45(1), and that we should...

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