Opinion · Court of Appeals of Oregon

State v. McClellan

State v. McClellan, 127 Or. App. 128 (Or. Ct. App. 1994)

Type: Opinion
Court: Court of Appeals of Oregon
Jurisdiction: Oregon
Date: 1994-03-23
Topic: general

PER CURIAM Defendant was convicted of two counts of criminal mistreatment in the first degree, ORS 163.205, and two counts of assault in the fourth degree, ORS 163.160. We write only to address defendant’s second assignment of error, in which he argues that the assault convictions should have merged into the convictions for criminal mistreatment. The state concedes error, and we accept the concession. Remanded for entry of amended judgment of conviction and for resentencing.

Citator

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PER CURIAM

Defendant was convicted of two counts of criminal mistreatment in the first degree, ORS 163.205, and two counts of assault in the fourth degree, ORS 163.160.

We write only to address defendant’s second assignment of error, in which he argues that the assault convictions should have merged into the convictions for criminal mistreatment. The state concedes error, and we accept the concession.

Remanded for entry of amended judgment of conviction and for resentencing.