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STATE v. BLAKE

(CC 041136416; CA A131739; SC S057117).

228 P.3d 560 (2010)

348 Or. 95

STATE of Oregon, Respondent on Review, v. Michael Paul BLAKE, Petitioner on Review.

Supreme Court of Oregon.

Decided March 25, 2010.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for petitioner on review.

Michael R. Washington, Senior Assistant Attorney General, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Anne Fujita Munsey, Senior Deputy Public Defender, Salem, argued the cause and filed a brief for amicus curiae Office of Public Defense Services. With her on the brief were Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, WALTERS, and LINDER, Justices.

WALTERS, J.

The issue in this criminal case is whether the trial court should have merged defendant's guilty verdicts for one count of forgery in the first degree, ORS 165.013(1)(a), and one count of criminal possession of a forged instrument in the first degree, ORS 165.022(1), when both counts were based on the single act of attempting to make a purchase with a forged $100 bill. The trial court entered a judgment of conviction on two counts, and the Court of Appeals...

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