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STATE v. BRYAN

091193; A143915.

260 P.3d 617 (2011)

244 Or. App. 160

STATE of Oregon, Plaintiff-Respondent, v. James Marco BRYAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Marc D. Brown, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Klapstein, Senior Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and GILLETTE, Senior Judge.

BREWER, C.J.

Defendant appeals his convictions for two counts of attempted first-degree assault and two counts of menacing, arguing that the trial court erred in failing to merge the two assault convictions and in failing to merge the two menacing convictions. The state concedes that the trial court erred in failing to merge those convictions. As explained below, that concession is well founded, and we accept it. Accordingly, we reverse and remand for resentencing...

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