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STATE v. MAGEE

03FE1129MA; A124799.

142 P.3d 123 (2006)

207 Or. App. 637

STATE of Oregon, Respondent, v. Ryan Dale MAGEE, Appellant.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Joshua B. Crowther, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Defendant was convicted of, among other offenses, one count of attempted burglary (with intent to commit harassment) and one count of attempted burglary (with intent to commit menacing). ORS 164.225; ORS 161.405. Defendant argues that the two attempted burglaries — both based on a single attempted entry — should have merged into a single conviction for attempted burglary. The state concedes that the trial court erred in failing to merge the...

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