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STATE v. BRESHEARS

A155879.

383 P.3d 345 (2015)

281 Or.App. 552

STATE of Oregon, Plaintiff-Respondent, v. Brent Alexander BRESHEARS, aka Alex Breshears, Defendant-Appellant.

Court of Appeals of Oregon.

Argued and submitted September 24, 2015.

Attorney(s) appearing for the Case

Meredith Allen , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Michael A. Casper , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge.

Following a guilty plea, defendant was convicted of one count of second-degree sexual abuse (Count 3) and one count of third-degree rape (Count 4). On appeal, defendant assigns error to the trial court's failure to merge the guilt determinations on those two charges into a single conviction. Having reviewed for legal error,

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