State v. Porter

Defendant pled guilty to a two-count indictment charging theft in the first degree and an ex-convict in possession of a firearm in violation of ORS 164.055 and 166.270 respectively. The indictment alleges that both charges arose out of the same act and transaction. Defendant assigns as error the trial court’s denial of his motion to merge the two charges for purposes of sentencing. The trial court sentenced defendant to the custody of the Oregon Corrections Division for a term not to exceed five years for the theft and two years for the ex-convict in possession of a firearm.

In State v.…