State v. Bergman

Defendant appeals a judgment of conviction for two counts of theft in the first degree, one for stealing property valued at more than $750, ORS ldd.OSSOXa), 1 and the other for selling that same property, ORS 164.055(l)(c). Citing State v. Turner, 211 Or App 96, 153 P3d 134 (2007), he argues that the trial court erred in failing to merge the two convictions because evidence that he stole and then sold the same property supports only one theft conviction. He acknowledges that he failed to preserve the argument that he now raises on appeal, but urges this court to exercise its discretion to…