State v. Keller

Defendant appeals a judgment of conviction for two counts of third-degree sexual abuse involving a single victim. We write to address only defendant’s second assignment of error and reject defendant’s remaining assignments of error without written discussion.

In his second assignment of error, defendant argues that the trial court plainly erred by failing to merge the guilty verdicts on the two counts of third-degree sexual abuse into a single conviction. The court entered a judgment that appears to enter a conviction on both counts while also stating that the counts “are different theories of…