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STATE v. GRAY

080532124; A140711.

249 P.3d 544 (2011)

240 Or. App. 599

STATE Of Oregon, Plaintiff-Respondent, v. Ronald Lee GRAY, Jr., aka Ronald Lee Gray, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Defendant shot his sister with a pistol. She survived, and defendant was convicted of multiple offenses, including, as relevant to this appeal, two counts of unlawful use of a weapon, ORS 166.220(1).1 Defendant raises three assignments of error, the first of which we reject without discussion.2 In his second assignment of error, defendant argues that the trial court erred in declining to merge...

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