State v. Babb

Defendant appeals his convictions on two counts of robbery in the first degree. ORS 164.415. Both counts involved the same robbery and the same victim; count I alleged use of a dangerous weapon, a knife, and count II alleged use of a deadly weapon, a pistol. The jury convicted defendant of both counts, which the court “merged” for purposes of sentencing. Defendant argues that the trial court erred in denying his motion to suppress evidence of his prior convictions and in failing to merge the convictions.

Defendant argues that the trial court erred in two respects in denying his motion to…