State v. King

Defendant, who was convicted of third-degree assault, ORS 163.165(l)(e) and misdemeanor fourth-degree assault, ORS 163.160(l)(a), appeals the judgment of conviction, asserting that the trial court erred in failing to merge the two guilty verdicts into a single conviction. As explained below, we conclude that the trial court properly entered separate convictions. Accordingly, we affirm.

Because defendant was convicted, we state the evidence and all reasonable inferences in the light most favorable to the state. State v. Johnson, 342 Or 596, 598, 157 P3d 198 (2007), cert den, 552 US 1113 (2008).…