State v. Valladares-Juarez

Defendant was convicted of, among other crimes, two counts of first-degree kidnapping, ORS 163.235. On appeal, he argues that the trial court erred when it did not merge the two first-degree kidnapping convictions into a single conviction. He acknowledges that he did not raise that issue in the trial court, but nonetheless urges us to review the claim of error as one apparent on the face of the record. ORAP 5A5Í1). 1 In response, the state “recognizes * * *, without conceding its propriety, that this court probably will conclude that defendant’s claim constitutes plain error and warrants the…