State v. Tyler

Defendant appeals from his convictions for attempted second-degree assault, ORS 161.405(2), and fourth-degree assault, ORS 163.160(2), arguing that the sentencing court erred by denying his request to merge the two convictions. 1 We affirm.

Defendant repeatedly punched a woman in the head, arms, neck, and face, causing her to suffer a concussion and severe, prolonged pain. For that conduct he was convicted, following a jury trial, of attempted second-degree assault and fourth-degree assault. Defendant asked the sentencing court to merge those convictions, arguing that attempted second-degree…