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STATE v. CAMPBELL

076075; A136907.

204 P.3d 118 (2009)

226 Or. App. 467

STATE of Oregon, Plaintiff-Respondent, v. Edward Patrick CAMPBELL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 11, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Rolf C. Moan, Acting Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals from his conviction on two counts of unlawful possession of a firearm, which were based, respectively, on ORS 166.250(1)(a) and ORS 166.250(1)(b),1 arguing that the trial court erred in failing to merge the two convictions. The state concedes that the trial court so erred. Specifically, the state acknowledges that

"[t]he scope, history, and evolution of the [two] provisions demonstrate that the legislature...

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