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STATE v. McCONVILLE

0900013CR; A142165.

259 P.3d 947 (2011)

243 Or. App. 275

STATE of Oregon, Plaintiff-Respondent, v. Justin Lee McCONVILLE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 1, 2011.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services. Justin Lee McConville filed the supplemental brief pro se.

Douglas F. Zier , 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 HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

HASELTON, P.J.

Defendant, who pleaded guilty to one count of first-degree burglary, ORS 164.225, and two counts of first-degree theft, ORS 164.055 (2007), amended by Or. Laws 2009, ch. 16, § 3; Or. Laws 2009, ch. 610, § 6,1 appeals from the resulting judgments, assigning error to the trial court's failure to merge the verdicts on the two theft counts into a single conviction under ORS 161.067(3).2

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