STATE v. HYLTON

04C51746; A136240.

216 P.3d 899 (2009)

230 Or. App. 525

STATE of Oregon, Plaintiff-Respondent, v. Alfredo Teofilo HYLTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 2, 2009.


Attorney(s) appearing for the Case

Jason E. Thompson, Salem, argued the cause for appellant. With him on the brief was Ferder Casebeer French & Thompson LLP.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


LANDAU, P.J.

This case is before us for the second time. In our previous decision, we concluded that the trial court had erred in failing to merge two of defendant's convictions; we remanded for merger and for resentencing. State v. Hylton, 210 Or.App. 104, 150 P.3d 47 (2006), rev. den., 342 Or. 473,

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