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STATE v. WYTCHERLEY

10CR0659; A149051.

299 P.3d 606 (2013)

256 Or. App. 128

STATE of Oregon, Plaintiff-Respondent, v. Donald Ira WYTCHERLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 3, 2013.

Attorney(s) appearing for the Case

Rankin Johnson IV filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.

PER CURIAM.

A jury found defendant guilty of one count of second-degree assault and one count of unlawful use of a weapon.1 Both counts were based on a single incident in which defendant shot his brother in the leg. The trial court entered two separate convictions, and defendant appeals.

In a single assignment of error, defendant argues that the trial court plainly erred in entering two separate convictions rather than merging...

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