STATE v. MERRICK

05FE0285; A136411.

197 P.3d 624 (2008)

224 Or. App. 471

STATE of Oregon, Plaintiff-Respondent, v. Arlin Dean MERRICK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 10, 2008.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Daniel C. Bennett, 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 Rene C. Holmes, Assistant Attorney General, filed the brief for respondent.

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


PER CURIAM.

Defendant was convicted after a bench trial on three counts of first-degree possession of a forged instrument, ORS 165.022, and one count of first-degree forgery, ORS 165.013. On appeal, he argues that the trial court erred in failing to merge his three convictions for first-degree possession of a forged instrument. The state notes that, although the error is arguably unpreserved, the error is apparent on the face of the record and defendant is entitled...

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