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STATE v. TYLER

070934264; A138270.

245 P.3d 168 (2010)

239 Or. App. 401

STATE of Oregon, Plaintiff-Respondent, v. Robert Mearl TYLER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Mary-Shannon Storey , Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Douglas F. Zier , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.

BREWER, C.J.

Defendant appeals from his convictions for attempted second-degree assault, ORS 161.405(2), and fourth-degree assault, ORS 163.160(2), arguing that the sentencing court erred by denying his request to merge the two convictions.1 We affirm.

Defendant repeatedly punched a woman in the head, arms, neck, and face, causing her to suffer a concussion and severe, prolonged pain. For that conduct he was convicted, following...

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