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STATE v. TYLER

070934264; A138270.

245 P.3d 168 (2010)

239 Or. App. 401

STATE of Oregon, Plaintiff-Respondent, v. Robert Mearl TYLER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Mary-Shannon Storey, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.

BREWER, C.J.

Defendant appeals from his convictions for attempted second-degree assault, ORS 161.405(2), and fourth-degree assault, ORS 163.160(2), arguing that the sentencing court erred by denying his request to merge the two convictions.1 We affirm.

Defendant repeatedly punched a woman in the head, arms, neck, and face, causing her to suffer a concussion and severe, prolonged pain. For that conduct he was convicted, following...

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