State v. Garratt

Defendant appeals from his convictions for solicitation to commit perjury and conspiracy to commit perjury. ORS 162.065; ORS 161.435; ORS 161.450. The trial court imposed a sentence of 12 months of incarceration, with 36 months of post-prison supervision, on the conspiracy count and five years of probation on the solicitation count. Defendant argues on appeal that because ORS 161.485C2)1 precludes conviction of more than one inchoate crime for conduct aimed at the culmination of the same crime, the two offenses merged as a matter of law.

Defendant did not object to the trial court’s failure to…