State v. Fox

Defendant appeals his convictions for burglary in the first degree, ORS 164.225, attempted aggravated felony murder with a firearm, ORS 163.095, attempted murder with a firearm, ORS 163.115, and attempted assault in the first degree with a firearm. ORS 163.185. The state concedes that the attempted murder and attempted assault counts merge with the attempted aggravated felony murder count, and we remand for entry of a single judgment of conviction on the latter charge. State v. Cloutier, 286 Or 579, 596 P2d 1278 (1979); State v. Lavender, 68 Or App 514, 682 P2d 823, rev den 297 Or 547 (1984);…