State v. Breshears

Following a guilty plea, defendant was convicted of one count of second-degree sexual abuse (Count 3) and one count of third-degree rape (Count 4). On appeal, defendant assigns error to the trial court’s failure to merge the guilt determinations on those two charges into a single conviction. Having reviewed for legal error, State v. Huddleston, 278 Or App 803, 804, 375 P3d 583 (2016), we conclude that the trial court did so err. We therefore reverse and remand for entry of a judgment of conviction of one count of second-degree sexual abuse, and for resentencing, and otherwise affirm the…