STATE v. SMYTHE

A166237.

448 P.3d 693 (2019)

298 Or. App. 821

STATE of Oregon, Plaintiff-Respondent, v. Robby Lee SMYTHE, Defendant-Appellant.

Court of Appeals of Oregon.

August 7, 2019.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Sarah Laidlaw , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Robert M. Wilsey , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.


PER CURIAM

Defendant appeals from a judgment of conviction for one count of reckless driving (Count 2), one count of failure to perform the duties of a driver (Count 3), and one count of reckless endangerment of highway workers (Count 5). Defendant raises one assignment of error, arguing that the trial court erred in failing to merge the guilty verdicts on Counts 2 and 5. Defendant argues that those counts merge under...

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