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STATE v. WEST-HOWELL

A157181.

385 P.3d 1121 (2016)

282 Or.App. 393

STATE of Oregon, Plaintiff-Respondent, v. Anthony Allen WEST-HOWELL, Defendant-Appellant.

Court of Appeals of Oregon.

November 23, 2016.

Attorney(s) appearing for the Case

Morgan E. Daniels, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Patrick M. Ebbett, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Paul L. Smith, Deputy Solicitor General.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge.

GARRETT, J.

Defendant appeals a judgment convicting him of, among other offenses, two counts of first-degree sodomy, ORS 163.4051 (Counts 2 and 5). He assigns error to the trial court's failure to merge the guilty verdicts on those two counts into a single conviction under ORS 161.0672 (the antimerger statute), arguing that the record lacks evidence of a sufficient pause between the two...

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