STATE v. NYDIGGER

070053CR, 070054CR, 070055CR, A136129 (Control) A136130, A136131.

208 P.3d 1055 (2009)

228 Or. App. 596

STATE of Oregon, Plaintiff-Respondent, v. Brian Scott NYDIGGER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 27, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Kenneth A. Kreuscher, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

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

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


LANDAU, P.J.

This is a consolidated appeal of three criminal judgments of conviction for failure to appear in the second degree. ORS 162.195. Defendant argues that the trial court erred in denying his motions for a judgment of acquittal on two of the convictions. He also argues that the court erred in failing to merge the three convictions. The state concedes the insufficiency of the evidence as to the first two convictions and argues that, as a result, defendant...

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