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STATE v. COLMENARES-CHAVEZ

071034868; A139539.

260 P.3d 667 (2011)

244 Or. App. 339

STATE of Oregon, Plaintiff-Respondent, v. Cesar David COLMENARES-CHAVEZ, aka Juan Hernandezgarcia, aka Juan Hernandez-Garcia, aka Cesar Colmenares-Chavez, aka Cesar David Colmemares-Chavez, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 20, 2011.

Attorney(s) appearing for the Case

Meredith Allen , Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Appellate Division, Office of Public Defense Services.

Janet A. Klapstein , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Samuel A. Kubernick , Assistant Attorney General.

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

WOLLHEIM, J.

A jury found defendant guilty of two counts of robbery in the second degree, ORS 164.405(1), and one count of robbery in the first degree, ORS 164.415. On appeal, defendant argues that the trial court erred in (1) failing to merge defendant's guilty verdicts for the two counts of robbery in the second degree and (2) failing to merge defendant's guilty verdict for robbery in the first degree with the second...

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