State v. Earls

Following a guilty plea, defendant was convicted of 12 counts of negotiating a bad check, ORS 165.065; two counts of theft in the first degree, ORS 164.055; and one count of theft in the second degree, ORS 164.045. On appeal from the trial court’s judgment of conviction, defendant contends that the court erred in (1) imposing a presumptive 13-month sentence for each count of first-degree theft pursuant to ORS 137.717 (2005) 1 and (2) failing to merge defendant’s guilty verdicts for 12 counts of negotiating a bad check with his guilty verdicts for first- and second-degree theft. Defendant…