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STATE v. BURRIS

110431520; A150282.

348 P.3d 338 (2015)

270 Or. App. 512

STATE of Oregon, Plaintiff-Respondent, v. Laron Mc Kinley BURRIS, II, aka Laron Mc Kinley Burris III, aka Laron Mc Kinley Burris, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 22, 2015.

Attorney(s) appearing for the Case

Kristin A. Carveth , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Greg Rios , Assistant Attorney General, argued the cause for respondent. With him on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before DeVORE, Presiding Judge, and HASELTON, Chief Judge, and GARRETT, Judge.

This criminal case presents a question of merger, under ORS 161.067, the "anti-merger statute." Defendant appeals a judgment of conviction for a number of robbery and weapon offenses. In defendant's first unpreserved assignment of error, he argues that the trial court failed to instruct the jury that it must agree on the material facts...

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