STATE v. OSTROM

110848205; A149768.

306 P.3d 788 (2013)

257 Or. App. 520

STATE of Oregon, Plaintiff-Respondent, v. James Alvin OSTROM, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 10, 2013.


Attorney(s) appearing for the Case

George W. Kelly , Eugene, argued the cause and filed the brief for appellant.

Andrew M. Lavin , Assistant Attorney General, filed the brief for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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


PER CURIAM.

The state charged defendant with five counts of theft in the second degree, ORS 164.045. Pursuant to a plea agreement, defendant pleaded guilty to three of the counts, and the remaining two were dismissed on the state's motion. After the trial court accepted defendant's guilty pleas, defendant asserted that the trial court should enter a single conviction for the three counts. Specifically, he argued that the counts merged because "they're alleged exactly...

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