STATE v. BEHEN

C070732CR, A136482.

213 P.3d 857 (2009)

230 Or. App. 31

STATE of Oregon, Plaintiff-Respondent, v. Carrie Lynn BEHEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 29, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Susan F. Drake, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for five counts of second-degree robbery. She argues that the trial court committed plain error in failing to merge four of those convictions into two convictions. We agree that the court plainly erred and exercise our discretion to correct that error. Accordingly, we reverse and remand with instructions to merge the convictions and for resentencing, but otherwise affirm.

The relevant facts are undisputed...

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