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STATE v. GERLACH

200901597; A144947.

300 P.3d 193 (2013)

255 Or. App. 614

STATE of Oregon, Plaintiff-Respondent, v. Malcolm Michael GERLACH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 13, 2013.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. Wtih him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Joanna L. Jenkins , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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

DUNCAN, J.

In this criminal case, defendant appeals from a judgment convicting him of ten crimes, including two counts of first-degree kidnapping, ORS 163.235, arguing that the trial court erred in holding that the antimerger statute, ORS 161.067(3), prevented the two kidnapping counts from merging.1 We review for errors of law, State v. McConville, 243 Or.App. 275, 277, 259...

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