State v. O'HARA

Defendant appeals from a resentencing, 1 contending that the trial court erred by failing to merge his conviction for attempted assault in the first degree, ORS 163.185, 2 with his conviction for assault in the second degree, ORS 163.175(l)(b). 3 Defendant contends that assault in the second degree is a lesser-included offense of attempted assault in the first degree and, therefore, that merger of the two convictions is not only not precluded by ORS 161.062(1) or ORS 161.067(1) but is required by ORS 161.485(3). 4 We disagree and affirm.

Defendant first argues that the anti-merger statutes do…