542 P.3d 449 (2023)

329 Or. App. 754

STATE of Oregon, Plaintiff-Respondent, v. Andrew ANDERSON, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc September 25, 2023.

December 28, 2023.

Attorney(s) appearing for the Case

Per C. Olson , Portland, argued the cause for appellant. Also on the briefs were Megan E. McVicar and Hoevet Olson, PC.

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Chief Judge, and Ortega, Egan, Tookey, Shorr, Aoyagi, Powers, Mooney, Kamins, Pagán, Joyce, Hellman, and Jacquot, Judges.

A jury found defendant guilty of two separate crimes involving the same victim, based on distinct sets of facts that occurred on different days. Defendant appeals from the judgment of conviction that was thereafter entered against him for each of those crimes: kidnapping in the second degree, ORS 163.225, and menacing, ORS 163.190(1)...

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