State v. Merrick

Defendant was convicted after a bench trial on three counts of first-degree possession of a forged instrument, ORS 165.022, and one count of first-degree forgery, ORS 165.013. On appeal, he argues that the trial court erred in failing to merge his three convictions for first-degree possession of a forged instrument. The state notes that, although the error is arguably unpreserved, the error is apparent on the face of the record and defendant is entitled to reversal and remand for merger of his convictions. As explained below, we agree and accept the state’s concession.

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