State v. Dahl

Defendant was convicted of two counts of attempted second-degree assault and one count of fourth-degree assault. Both counts of attempted second-degree assault arose out of an incident in which defendant slammed a door on the victim (Count 1) and kicked the victim in the face (Count 2). On appeal, defendant argues that the trial court plainly erred in failing to merge the guilty verdicts for attempted second-degree assault into a single conviction, because they involved a single episode of attempted assault on a single individual and there was not a sufficient pause between the attempted…