State v. Atkinson

Defendant appeals from the entry of separate convictions and sentences after a trial on stipulated facts in which he was found guilty of attempted assault, ORS 163.185; ORS 161.405, and possession of a weapon by an inmate. ORS 166.275. We affirm.

Defendant first argues that the trial court erred in refusing to merge his convictions. ORS 161.062(1) 1 and ORS 161.067 2 establish when convictions merge. Defendant concedes that, normally, the convictions here would not merge, because attempted assault and possession of a weapon by an inmate do not require proof of identical elements. However, he…