- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 08-04-2021
- Case #: A164742
- Judge(s)/Court Below: Landau, S.J. for the Court; DeHoog, P.J.; & Aoyago, J.
- Full Text Opinion
Defendant appealed conviction of first-degree trespass and second-degree burglary. Defendant asserted the trial court erred when it declined to merge the two convictions. The State conceded that the charges should have merged. ORS 161.067 prevents merger when two or more provisions of criminal law are violated, and each provision necessitates proof of an additional element that the others do not. The Court held that merger was precluded in this case. The Court reasoned that second-degree burglary involved the illegal entry of a building and first-degree trespass required the illegal entry of a dwelling. First-degree trespass required the State to prove an additional element not found in second-degree burglary. Thus, merger was not appropriate. Affirmed.