State v. DELCURTO

Defendant appeals a judgment of conviction for two counts of second-degree manslaughter (Counts 1 and 2), ORS 163.125; two counts of criminally negligent homicide (Counts 3 and 4), ORS 163.145; and one count of driving under the influence of intoxicants (Count 5), ORS 813.010. On appeal, defendant assigns error to (1) the trial court’s denial of his motion for judgment of acquittal on the charges of second-degree manslaughter; and (2) the trial court’s failure to merge the criminally negligent homicide convictions into the second-degree manslaughter convictions. We reject without discussion…