State v. Anderson

Defendant was convicted of assault in the first degree and attempted aggravated murder. ORS 163.185; ORS 163.095. The court merged the convictions and sentenced defendant under the guidelines to 60 months in prison on the attempted murder conviction. The state appeals, arguing that the court erred in merging the convictions. We are without jurisdiction to review the claimed error and dismiss the appeal.

The state contends that its appeal is pursuant to ORS 138.060(5), which allows the state to appeal from “a judgment of conviction based on the sentence, as provided in ORS 138.222.” (Emphasis…