Legal Opinion

State v. WEIVODA

Court of Appeals of Oregon

Decided September 29, 2010No. CF060507; A139265Published

1Per curiam

Defendant was convicted of two counts of aggravated murder and one count of murder involving a single victim and sentenced on all three counts. The court merged the conviction for murder with one of the convictions for aggravated murder. It did not merge the two convictions for aggravated murder. Although defendant did not object, failure to merge the two aggravated murder convictions was plain error that we exercise our discretion to review. State v. Acremant, 338 Or 302, 330, 108 P3d 1139, cert den, 546 US 864 (2005). “We therefore remand the case for entry of [a] corrected judgment of…

2Cases cited2 opinions

  1. State v. AcremantOregon Supreme Court · 2005
  2. State v. AnthonyCourt of Appeals of Oregon · 2010

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