State v. Fisher

Defendant appeals the entry of separate convictions and separate consecutive sentences for rape, ORS 163.375, and aggravated murder, ORS 163.095(2)(d), following a jury verdict finding him guilty of aggravated murder, murder, rape in the first degree, attempted rape in the first degree and burglary in the first degree.1 He contends that the rape was an underlying element of the greater offense of aggravated felony murder and that, therefore, the crimes merge, making separate convictions and separate sentences impermissible. On the record before us, we agree and vacate the conviction and…