State v. Steward

Defendant appeals a judgment of conviction for rape in the first degree (Count 1), assault in the fourth degree (Count 3), sexual abuse in the second degree (Count 6), and assault in the third degree (Count 7).1 In his first assignment of error, defendant contends that the trial court erred in failing to merge the guilty verdicts on the first-degree rape and second-degree sexual abuse charges (Counts 1 and 6) into a single conviction for first-degree rape. The state concedes the error. We agree and accept the state’s concession. See, e.g., State v. Ledford, 252 Or App 572, 287 P3d 1278…