State v. Lavender

Defendant appeals his convictions in a jury trial for attempted murder and assault in the first degree, contending that the two charges should have been merged for purposes of conviction. The two charges stem from a single incident in which defendant repeatedly stabbed his girlfriend. For the purpose of sentencing, the trial court merged the assault with the attempted murder. We conclude that the convictions should have been merged into one conviction and reverse.

In State v. Cloutier, 286 Or 579, 586, 596 P2d 1278 (1979), the Supreme Court held that a true merger occurs “when the completion…