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STATE v. LOPEZ-DELGADO

05C45367, A131846.

196 P.3d 104 (2008)

223 Or. App. 752

STATE of Oregon, Plaintiff-Respondent, v. Emanuel LOPEZ-DELGADO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Shawn Wiley, Senior Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

ORTEGA, J.

Defendant appeals a judgment of conviction and sentence for two counts of aggravated murder, ORS 163.095; two counts of murder, ORS 163.115; and one count of first-degree burglary, ORS 164.225. He contends that his convictions for murder merge into his convictions for aggravated murder and that his conviction for burglary merges into his convictions for murder. We reverse and remand.

All of defendant's convictions arise from a single episode. Defendant...

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