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STATE v. AYALA

A168986.

453 P.3d 635 (2019)

301 Or.App. 171

STATE of Oregon, Plaintiff-Respondent, v. Freddy AYALA, Defendant-Appellant.

Court of Appeals of Oregon.

December 4, 2019.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Michael A. Casper , Assistant Attorney General, filed the brief for respondent.

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

Defendant pleaded guilty to one count of possession of a stolen vehicle, ORS 819.300, and one count of unauthorized use of a vehicle, ORS 164.135. On appeal, defendant argues that the trial court plainly erred by failing to merge the verdicts on these counts. The state concedes that, under State v. Noe, 242 Or.App....

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