State v. Nunes

In this criminal case, defendant appeals from a judgment convicting him of five crimes, including two counts of felon in possession of a firearm (FIP), ORS 166.270(1), arguing that the trial court erred in holding that the “anti-merger statute,” ORS 161.067, prevented the two FIP counts from merging.1 As explained below, we conclude that defendant could properly be convicted of only one count of FIP and, accordingly, reverse the two FIP convictions and remand for entry of a single FIP conviction and for resentencing.2 We otherwise affirm.

The relevant facts, which are essentially undisputed…