State v. PANIAGUA-MIGUEL

Defendant was convicted of first-degree robbery, ORS 164.415, two counts of second-degree robbery (Counts 2 and 3), ORS 164.405, and unlawful use of a weapon, ORS 166.220, all based on the same criminal episode. He contends that the trial court erred in failing to merge the two second-degree robbery convictions, which were based on violations of separate paragraphs of the second-degree robbery statute— ORS 164.405(1). That statute provides, in part:

“A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

“(a) Represents by word or conduct…