State v. Rickards
Court of Appeals of Oregon
State v. Rickards, 133 Or. App. 592 (1995)
891 P.2d 1383; 1995 Ore. App. LEXIS 509
Landau, Richardson, Riggs
State v. Rickards
Opinion of the Court
Defendant appeals convictions for attempted first degree assault and conspiracy to commit first degree assault. His only assignment is that the court erred as a matter of law by failing to merge the two convictions into a single conviction under ORS 161.485(2). The state agrees that the court erred. We accept that concession.
Convictions vacated; remanded with instructions to enter single conviction and for resentencing.
The parties debate which one of the convictions should survive after the trial court merges them. That is a decision to be made in the first instance by the trial court.
Reference
- Full Case Name
- STATE OF OREGON v. RICK DAVID RICKARDS
- Cited By
- 1 case
- Status
- Published