State v. Nelson

Defendant appeals his convictions for prostitution, ORS 161.405, and unlawful prostitution procurement activities, Portland City Code (PCC) 14A.40.050. His sole assignment of error pertains to the trial court’s failure to merge the conviction for unlawful prostitution procurement activities into the prostitution conviction. He argues that the ordinance prohibits the same conduct as attempted prostitution and that, under ORS 161.485(3), the conviction for the inchoate crime must be merged into the completed crime. The state concedes the error and the need to correct it. For the following…