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231 Or. App. 556

219 P.3d 605

State v. Hathaway

Court of Appeals of Oregon

Decided October 28, 2009

Court of Appeals of Oregon · decided 2009-10-28

Applies OR 161 § 161.067 · OR 164 § 164.225

Decided 2009-10-28

*557 PER CURIAM

¶1 Defendant was convicted of among other crimes, two counts of first-degree burglary, ORS 164.225. Both counts alleged the same entry of a home owned by a husband and wife, but the counts alleged separate crimes against each owner. On appeal, defendant argues that the trial court erred in failing to merge his convictions for first-degree burglary (Counts 4 and 5) because the homeowners were a single victim for purposes of the burglary statute. ORS 161.067(2)(e) (joint owners are a single victim for determining the number of separate burglary convictions). The state concedes that the trial court erred in that regard, and we agree and accept the concession. State v. Sanchez-Alfonso, 224 Or App 556, 198 P3d 946 (2008), rev den, 346 Or 258 (2009). On remand, the trial court should enter a judgment merging the two convictions for first-degree burglary.

¶2 Defendant raises a number of other contentions regarding his convictions and sentences. We reject his remaining assignments of error without discussion.

¶3 Remanded with instructions to merge first-degree burglary convictions and for resentencing; otherwise affirmed.

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