State v. Gensitskiy

Defendant was convicted of 30 counts against a total of 27 victims. To be consistent with ORS 161.067(2), his judgment of conviction should therefore include at least 27 counts. But, under the majority's erroneous construction **298of that statute, defendant's 27 convictions for identity theft will merge into his conviction for aggravated identity theft-an offense that, by its terms and as pleaded in this case, requires only "10 or more" victims. Thus, defendant's judgment of conviction will fail to accurately reflect the extent of his criminal activity, a result that is contrary to the text…