State v. White

*277BALMER, J.

The issue in this criminal case is whether, under ORS 161.067(1), the trial court should have merged defendant’s guilty verdicts for two counts of second-degree robbery that arose out of the same criminal episode. One count was based on ORS 164.405(1)(a) (robbery while purporting to be armed with a dangerous weapon), and the other was based on ORS 164.405(1)(b) (robbery when aided by the actual presence of another person). The Court of Appeals affirmed the trial court’s decision not to merge the guilty verdicts on the two counts. State v. White, 217 Or App 214, 175 P3d 504 (2007).…