State v. Zimmerman

Defendant appeals a judgment of conviction after a trial to the court on one count of second-degree robbery, ORS 164.405(1), and one count of unauthorized use of a vehicle, ORS 164.135(1). He argues that the trial court erred in entering judgment on the robbery count and in imposing an unlawful term of post-prison supervision on the robbery count. We agree that the trial court erred in entering judgment on the second-degree robbery count. Our decision makes it unnecessary to address the alleged sentencing error.

The facts are not in dispute. Defendant stole a car, drove to a grocery store,…