State v. Rodvelt

*137I agree with the majority’s rejection of defendant’s arguments under ORS 163.205 and with its conclusion that the trial court erred by failing to merge the fourth-degree assault convictions into the first-degree criminal mistreatment convictions. I disagree, however, with its decision to remand the entire case for resentencing rather than simply vacating the assault convictions. Although that action is consistent with previous cases, it is inconsistent with our statutory authority.

The fundamental flaw in the majority’s analysis is its failure to read ORS 138.222(5) in its appropriate context.…