State v. Barnes

Defendant appeals his convictions for sexual abuse in the first degree, ORS 163.427(l)(a)(C), sexual abuse in the third degree, ORS 163.415(l)(a), and harassment, ORS 166.065(4). He assigns error to the trial court’s failure to merge the three convictions. Defendant contends that sexual abuse in the third degree and harassment are each lesser-included offenses of sexual abuse in the first degree. On review for errors of law, viewing the evidence in the light most favorable to the state, State v. Barnum, 333 Or 297, 302, 39 P3d 178 (2002), we disagree with defendant that the harassment…