State v. Owen

Defendant appeals a judgment of conviction for four counts of robbery in the second degree. ORS 164.405. He assigns error to the trial court’s failure to merge his convictions into a single conviction for each victim. Although defendant failed to preserve his claims of error in the trial court, the court’s failure to merge his convictions on Counts 4 and 6 of the indictment is error apparent on the face of the record, and we therefore consider it. We reverse and remand for merger of Counts 4 and 6 and for resentencing, and otherwise affirm.

On April 23, 2003, defendant and an accomplice…