State v. Chesnut

Defendant appeals the judgment in this criminal case, raising three sentencing-related assignments of error. We reject the second and third assignments without discussion. In the remaining assignment of error, defendant contends that the trial court plainly erred by entering separate convictions on two counts that should have merged. See ORS 161.067 (specifying requirements to prevent merger). The state argues that, in the circumstances of this case, it is not plain that the judgment the trial court entered “has the effects ascribed to it by defendant.” As we will explain, even if we were to…