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STATE v. NUNN

CM89-0708; CA A64759.

821 P.2d 431 (1991)

110 Or.App. 96

STATE of Oregon, Respondent, v. Dennis E. NUNN, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 20, 1991.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief, was Sally L. Avera, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals his convictions of forgery in the first degree, ORS 165.007; ORS 165.013, and fraudulent use of a credit card. ORS 165.055. He assigns error to the trial court's denial of his motion to merge the convictions. He argues that fraudulent use of a credit card is necessarily a lesser included offense of forgery in the first degree, because one cannot commit the former without committing the latter. We disagree and affirm.

Defendant...

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