State v. McCloud

Defendant appeals his convictions on two counts of third-degree sexual abuse. ORS 163.415. He argues that the trial court erred in entering two convictions rather than merging the two counts and' entering a single conviction pursuant to ORS 161.067. As explained below, we agree that the trial court erred in failing to merge the convictions. We therefore reverse the convictions and remand for merger of the convictions and for resentencing.

The relevant facts are not in dispute. Defendant was charged with two counts of third-degree sexual abuse committed on or about August 16,2000. One of the…