State v. Bateman

Defendant was convicted, after jury trial, of kidnapping in the second degree, ORS 163.225, sodomy in the first degree, ORS 163.405, and sexual abuse in the first degree, ORS 163.425. On appeal, he assigns as error (1) the trial court’s failure to "merge” the kidnapping conviction and sentence with the conviction and sentence for either sodomy or sexual abuse; (2) the trial court’s failure to "merge” the sexual abuse and sodomy convictions; and (3) the trial court’s denial of his motion for acquittal on the kidnapping charge. He also argues that he was denied the effective assistance of…