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STATE v. LASSITER

091052496; A145173.

267 P.3d 854 (2011)

244 Or. App. 327

STATE of Oregon, Plaintiff-Respondent, v. Rosedia V. LASSITER, aka Rosadia Lassitor, aka Rosadia Best, aka Rosedia V. Lassitor, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Alice Newlin-Cushing , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Pamela J. Walsh , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for attempted first-degree theft, ORS 164.055,1 for attempting to return to the victim, a department store, unpurchased items for a refund and second-degree theft, ORS 164.045, for taking the property from the victim's store. A recitation of the facts would not benefit the bench, the bar, or the public. On appeal, defendant contends that the trial court erred in failing to merge those...

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