State v. Atkinson

I respectfully dissent. The law of merger has been in a state of confusion for some time in Oregon and needs serious revision, or at least some meaningful clarification. Our struggle with this case is further evidence of this dilemma. The problem is that it is impossible to reconcile all of the many inconsistent cases which are regarded as having some precedential value.

Here, I am convinced that defendant should not be given a bonus by not being sentenced for robbery as well as aggravated murder. He was properly subjected to punishment for each crime that he committed, and he should not be…