State v. Fickes

Defendant appeals from his convictions for attempted murder, first-degree robbery and second-degree robbery. The charges all involved the same victim and conduct at the same time and place. The only question raised which was also raised in the trial court and thus preserved on appeal is: To what extent do the three convictions merge?

I. The Robbery Convictions.

The first-degree robbery charge alleged defendant "did attempt to cause serious physical injury to [the victim].” This is an element of first-degree robbery under ORS 164.415(l)(c). The second-degree robbery charge alleged defendant, at…