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STATE v. DAHL

10091444; A147262.

302 P.3d 480 (2013)

256 Or. App. 848

STATE of Oregon, Plaintiff-Respondent, v. Joel James DAHL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 30, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Daniel C. Bennett , Deputy Public Defender, Office of Public Defense Services, 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 DUNCAN, Judge, and NAKAMOTO, Judge.

PER CURIAM.

Defendant was convicted of two counts of attempted second-degree assault and one count of fourth-degree assault. Both counts of attempted second-degree assault arose out of an incident in which defendant slammed a door on the victim (Count 1) and kicked the victim in the face (Count 2). On appeal, defendant argues that the trial court plainly erred in failing to merge the guilty verdicts for attempted second-degree...

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