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STATE v. BOWERS

072799, A138763.

227 P.3d 822 (2010)

234 Or. App. 301

STATE of Oregon, Plaintiff-Respondent, v. Jared Jay BOWERS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 17, 2010.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Tiffany Keast, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and BREITHAUPT, Judge pro tempore.

BREWER, C.J.

Defendant, who pleaded guilty to three counts of abuse of a memorial, ORS 166.076, argues on appeal that the trial court erred in refusing to merge the three convictions. As explained below, we agree with defendant and therefore remand the case to the trial court for merger and for resentencing.

The pertinent facts are not in dispute. Defendant was charged with three counts of abuse of a memorial. Each...

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