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STATE v. BETTLES

CF090247; A144576.

261 P.3d 99 (2011)

245 Or. App. 496

STATE of Oregon, Plaintiff-Respondent, v. Michael Lee BETTLES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 8, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Anne Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Rolf C. Moan , Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant appeals a judgment of conviction for one count of assault in the first degree, ORS 163.185, and two counts of assault in the second degree, ORS 163.175. He contends that the trial court erred in refusing to merge the guilty verdicts for second-degree assault with the verdict for first-degree assault. The state concedes that the trial court erred by failing to merge the verdicts and agrees with defendant that the case should be remanded with instructions...

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