State v. Gerlach

In this criminal case, defendant appeals from a judgment convicting him of 10 crimes, including two counts of first-degree kidnapping, ORS 163.235, arguing that the trial court erred in holding that the antimerger statute, ORS 161.067(3), prevented the two kidnapping counts from merging.1 We review for errors of law, State v. McConville, 243 Or App 275, 277, 259 P3d 947 (2011), and conclude that that statute did not prevent the two counts from merging, and, therefore, defendant could properly be convicted of only one count of kidnapping. Accordingly, we reverse the two first-degree kidnapping…