STATE v. ZACHERY

A169283.

467 P.3d 827 (2020)

304 Or.App. 476

STATE of Oregon, Plaintiff-Respondent, v. Homer Emerson ZACHERY, Defendant-Appellant.

Court of Appeals of Oregon.

June 3, 2020.


Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and E. Nani Apo , Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and Powers, Judge, and Kamins, Judge.


Defendant was found in contempt on five counts of violating a restraining order. On appeal, he argues that the trial court erred in failing to merge the findings on those five counts, because all of the charged conduct involved the same statute and same victim, the conduct was part of a single criminal episode, and there was no evidence...

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