State v. Ostrom

The state charged defendant with five counts of theft in the second degree, ORS 164.045. Pursuant to a plea agreement, defendant pleaded guilty to three of the counts, and the remaining two were dismissed on the state’s motion. After the trial court accepted defendant’s guilty pleas, defendant asserted that the trial court should enter a single conviction for the three counts. Specifically, he argued that the counts merged because “they’re alleged exactly the same[.]” Each of the three counts alleged that defendant, “on or between November 01, 2010 and August 05, 2011, in the County of…