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STATE v. WEIVODA

CF060507; A139265.

241 P.3d 307 (2010)

237 Or. App. 571

STATE of Oregon, Plaintiff-Respondent, v. Charolette Joanne WEIVODA, aka Charlotte Weivoda, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Gary B. Bertoni , Portland, argued the cause for appellant. With him on the brief was Bertoni & Associates.

Paul L. Smith , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Janet A. Metcalf , Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was convicted of two counts of aggravated murder and one count of murder involving a single victim and sentenced on all three counts. The court merged the conviction for murder with one of the convictions for aggravated murder. It did not merge the two convictions for aggravated murder. Although defendant did not object, failure to merge the two aggravated murder convictions was plain error that we exercise our discretion to review. State...

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