Court of Appeals of Oregon, 2008

State v. Ureno-Alvarez

State v. Ureno-Alvarez
Court of Appeals of Oregon · Decided May 28, 2008 · Edmonds, Wollheim, Sercombe
185 P.3d 556; 220 Or. App. 301; 2008 Ore. App. LEXIS 734 (Pacific Reporter, Third Series)

State v. Ureno-Alvarez

Opinion

*302 PER CURIAM

Defendant signed a release agreement in which he agreed to appear in court on a single date and time for four different pending cases. He failed to appear as required by the release agreement and was charged with two counts of first-degree failure to appear, ORS 162.205, and two counts of second-degree failure to appear, ORS 162.195. After a trial to the court, defendant was convicted on all four counts, and the court entered judgment for four separate convictions. On appeal, defendant argues that the trial court erred in failing to merge the four convictions into a single conviction for first-degree failure to appear, because defendant violated a single release agreement. The state concedes that, under State v. Camarena-Velasco, 207 Or App 19, 139 P3d 979 (2006), the trial court erred in failing to merge the convictions into a single conviction for first-degree failure to appear. We agree and accept the concession.

Reversed and remanded for entry of a single conviction for first-degree failure to appear and for resentencing.

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