State v. Carlton

“When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.” ORS 161.067(1).

Defendant appealed the failure to merge multiple verdicts. Defendant alleges that the trial court erred by failing to merge his sexual abuse verdict into the rape or sodomy verdict. “When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.” ORS 161.067(1). The Court reasoned citing State v. Spring that an offense that requires proof of an element that the other offense does not, cannot be merged. State v. Spring 172 Or App 508, 514, 21 P3d 657, rev den, 332 Or 559 (2001). The Court additionally explained that merging would go against the express language of ORS 161.067(1). Affirmed.