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STATE v. BRILEY

92C20549, 92C20550; CA A78186, CA A79031.

863 P.2d 1317 (1993)

125 Or. App. 264

STATE of Oregon, Respondent, v. William Leroy BRILEY, Appellant. STATE of Oregon, Respondent, v. Tange Lynn BRILEY, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Eric R. Johansen, Deputy Public Defender, filed the brief for appellant William Leroy Briley.

Sally L. Avera, Public Defender, and Jesse Wm. Barton, Deputy Public Defender, filed the brief for appellant Tange Lynn Briley.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., filed the brief for respondent in each case.

Before RICHARDSON, C.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

After a joint trial, defendants were each convicted of conspiracy to commit rape in the first degree, ORS 161.450, rape in the first degree, ORS 163.375, conspiracy to commit sexual abuse in the first degree, ORS 161.450, and sexual abuse in the first degree, ORS 163.427. They both contend that the court erred by not merging the conspiracy convictions and the principal offenses as required by ORS 161.485(3). The issue was raised below.

The state...

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