State v. Sanders

Defendant appeals a judgment of conviction on one count of first-degree assault, ORS 163.185, three counts of second-degree assault, ORS 163.175, and four counts of fourth-degree assault, ORS 163.160, arising out of an incident in which he beat a single victim. His principal contention on appeal is that the trial court should have merged the convictions on the count of first-degree assault and one of the counts of second-degree assault because the latter is a lesser-included offense of the former and because the two counts stemmed from the same criminal episode. We agree with defendant and…