State v. Vargas

In this criminal appeal, defendant contends that the trial court’s guilty verdicts on two counts of felony assault in the fourth degree should have been merged into a single conviction. The state’s primary argument on appeal is that defendant’s claim of error is not reviewable, because the trial court imposed sentences on both convictions that are within the presumptive sentence range under the sentencing guidelines. We disagree and remand with instructions to enter a single conviction for fourth-degree assault, and for resentencing, but otherwise affirm.

The case arises out of a domestic…