State v. Sullivan

Defendant, who was convicted of one count of first-degree assault, ORS 163.185, and one count of second-degree assault, ORS 163.175, argues on appeal that the trial court erred in failing to merge those convictions. In a pro se supplemental brief, defendant also argues that the trial court erred in denying his motion for judgment of acquittal. We reject without discussion defendant’s arguments pertaining to his motion for judgment of acquittal. For the reasons set forth below, we remand for merger of the convictions and for resentencing.

Defendant was charged with first-degree assault for…