State v. Walraven

This case is before us for a second time, following a remand for resentencing. See State v. Walraven, 187 Or App 728, 69 P3d 835, rev den, 335 Or 656 (2003) (Walraven 1). Defendant again appeals, arguing, inter alia, that the trial court erred in failing to merge his conviction on one count of felony murder, ORS 163.115(l)(b), into his conviction for aggravated murder, ORS 163.095. We conclude that the trial court so erred but reject defendant’s other assignment of error. Accordingly, we reverse and remand for entry of a corrected judgment but otherwise affirm.

The circumstances material to…