State v. West-Howell

Defendant appeals a judgment convicting him of, among other offenses, two counts of first-degree sodomy, ORS 163.4051 (Counts 2 and 5). He assigns error to the trial court’s failure to merge the guilty verdicts on those two counts into a single conviction under ORS 161.0672 (the antimerger statute), arguing that the record lacks evidence of a sufficient pause between the two violations. Defendant also raises an unpreserved challenge to the trial court’s imposition of court-appointed attorney fees. For the reasons explained below, we reverse the portion of the judgment that requires defendant…