State v. Mullen

In these consolidated cases, defendant appeals judgments of conviction for, among other things, several counts of identity theft, ORS 165.800(1). On appeal, defendant raises two contentions. First, defendant contends that the trial court failed to merge three of his identity theft convictions that were predicated on his possession of the personal identifications of three different persons. Defendant argues that those persons were not separate “victims” of identity theft within the meaning of ORS 161.067(2) 1 and that his convictions should therefore merge. Second, defendant contends that the…