State v. Bryan

Defendant appeals his convictions for two counts of attempted first-degree assault and two counts of menacing, arguing that the trial court erred in failing to merge the two assault convictions and in failing to merge the two menacing convictions. The state concedes that the trial court erred in failing to merge those convictions. As explained below, that concession is well founded, and we accept it. Accordingly, we reverse and remand for resentencing.

The victim in this case had just finished a 30-mile bicycle ride when he decided to stop at a convenience store for water. Defendant saw the…