State v. Burris

This criminal case presents a question of merger, under ORS 161.067, the “anti-merger statute.” Defendant appeals a judgment of conviction for a number of robbery and weapon offenses. In defendant’s first unpreserved assignment of error, he argues that the trial court failed to instruct the jury that it must agree on the material facts comprising one of two alternative versions of first-degree robbery. Without further discussion, we decline to review that assignment for plain error, because the error, if any, was harmless on this record. See State v. Phillips, 354 Or 598, 608, 317 P3d 236…