State v. Bowers

Defendant, who pleaded guilty to three counts of abuse of a memorial, ORS 166.076, argues on appeal that the trial court erred in refusing to merge the three convictions. As explained below, we agree with defendant and therefore remand the case to the trial court for merger and for resentencing.

The pertinent facts are not in dispute. Defendant was charged with three counts of abuse of a memorial. Each count alleged that, on or about May 14, 2007, defendant “did unlawfully and intentionally destroy, mutilate, deface and injure * * * a monument which was placed as and designed for a memorial to…