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STATE v. SIERZEGA

07C22269, 07C41538; A138097 (Control), A138098.

237 P.3d 234 (2010)

STATE of Oregon, Plaintiff-Respondent, v. Jeffrey Martin SIERZEGA, aka Jeffrey Sierzega, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 18, 2010.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Denis M. Vannier, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

BREWER, C.J.

This is an appeal from judgments in two consolidated cases, one involving multiple counts of violation of a stalking protective order (SPO) (case number A138098), and the other involving a conviction for stalking relating to a different victim (case number A138097). In the first case, we accept the state's concession that the trial court plainly erred by failing to merge defendant's three separate convictions for the offense of violating a single SPO...

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