State v. White

Defendant appeals a judgment of conviction for two counts of second-degree robbery, ORS 164.405, arising out of an episode in which defendant, while shoplifting with another person, threatened one of the store’s employees by representing that he had a weapon. Defendant assigns error to the sentencing court’s failure to merge those convictions and to the court’s use of his juvenile record in determining his sentence. We affirm.

The relevant facts are undisputed. Fender, a loss prevention employee at the Hollywood West Fred Meyer in Portland, saw Sims, who was with defendant, select a watch from…