State v. Cufaude

Defendant kicked the victim in the head while wearing a pair of steel-toed boots. For that conduct he was convicted of first-degree assault, ORS 163.185, and unlawful use of a weapon, ORS 166.220. He appeals, raising two assignments of error, the first of which we reject without discussion. In his second assignment, defendant argues that the trial court erred in failing to merge his convictions. Defendant concedes that he did not preserve that argument in the trial court, but he urges us to review it as plain error. The state replies that, in light of the specific allegations in the…