State v. Spring

After a jury trial, defendant was convicted of rape in the second degree (count 1), ORS 163.365, sexual abuse in the first degree (count 2), ORS 163.427, rape in the third degree (count 3), ORS 163.355, and sexual abuse in the third degree (count 4), ORS 163.415. On appeal, defendant assigns error to the trial court’s failure to merge his conviction on count 2 into count 1 and his conviction on count 4 into count 3. We review for errors of law, ORS 138.222(4)(a), and affirm.

The facts are not disputed. In February 1996, when defendant was 26 years old and victim was 13 years old, defendant had…