STATE v. FOSTER

104488, A148553.

307 P.3d 568 (2013)

257 Or. App. 757

STATE of Oregon, Plaintiff-Respondent, v. Sonya Rae FOSTER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 31, 2013.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EDMONDS, Senior Judge.


PER CURIAM.

Defendant appeals judgments of conviction for two counts of assault in the second degree, ORS 163.175, arising out of a single act of throwing a beer glass into the face of the victim. He argues that the trial court plainly erred in failing to merge the guilty verdicts on those counts into a single conviction for second-degree assault. Defendant's two convictions were based on ORS 163.175(l)(a), which provides that a person commits second-degree...

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