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STATE v. BERGMAN

08C40721; A139018.

227 P.3d 817 (2010)

234 Or. App. 212

STATE of Oregon, Plaintiff-Respondent, v. Michael Carl BERGMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Ernest G. Lannet, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jennifer S. Lloyd, Attorney-in-Charge, Criminal Appeals, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

PER CURIAM.

Defendant appeals a judgment of conviction for two counts of theft in the first degree, one for stealing property valued at more than $750, ORS 164.055(1)(a),1 and the other for selling that same property, ORS 164.055(1)(c). Citing State v. Turner, 211 Or.App. 96, 153 P.3d 134 (2007), he argues that the trial court erred in failing to merge the two...

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