STATE v. CURNUTTE

101157FE; A145604.

280 P.3d 398 (2012)

250 Or. App. 379

STATE of Oregon, Plaintiff-Respondent, v. Patrick Kinley CURNUTTE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 6, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Marc D. Brown , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the brief for respondent.

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


PER CURIAM.

Defendant was convicted, based on a jury verdict, of two counts of felon in possession of a firearm, ORS 166.270. The convictions arose from a controlled buy in which defendant purported to sell two different firearms to a police informant. On appeal, defendant asserts that the trial court erred in failing to merge the guilty verdicts into a single conviction under ORS 161.067(3). That statute provides, in part:

"When the same conduct or criminal...

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