State v. COLMENARES-CHAVEZ

A jury found defendant guilty of two counts of robbery in the second degree, ORS 164.405(1), and one count of robbery in the first degree, ORS 164.415. On appeal, defendant argues that the trial court erred in (1) failing to merge defendant’s guilty verdicts for the two counts of robbery in the second degree and (2) failing to merge defendant’s guilty verdict for robbery in the first degree with the second-degree robbery verdicts. Based on State v. White, 346 Or 275, 211 P3d 248 (2009), we agree with defendant that the trial court erred as a matter of law in failing to merge his guilty…