State v. Wooten

ORS 164.405(1) has two different subsections that address the same coercive effect and threat of violence but nonetheless creates only a single crime of second degree robbery. State v. Behen, 230 Or App 31, 34, 213 P3d 851 (2009)

Defendant appealed a judgment of conviction for multiple counts of robbery, assault, and coercion. Defendant assigned error to the trial court’s failure to merge four separate second degree robbery guilty verdicts. Two counts related to the defendant’s conduct towards one victim and other two related to his conduct of a different victim. Defendant argued that the court erred when it failed to merge the guilty verdicts of the robberies that were committed against the same victim in one event. The state conceded to Defendant’s argument. ORS 164.405(1) has two different subsections that address the same coercive effect and threat of violence but nonetheless creates only a single crime of second degree robbery. State v. Behen, 230 Or App 31, 34, 213 P3d 851 (2009). The Court of Appeals agreed with Defendant and accepted State’s concession. Convictions on Counts 3 and 5 reversed and remanded for entry of judgment of conviction for one count of second-degree robbery; convictions on Counts 4 and 6 reversed and remanded for entry of judgment of conviction for one count of second-degree robbery; remanded for resentencing; otherwise affirmed.