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77 Or. App. 302

State v. Snider

Court of Appeals of Oregon

Decided January 22, 1986

Court of Appeals of Oregon · decided 1986-01-22

Applies OR 161 § 161.450 · OR 163 § 163.115 · OR 163 § 163.235

Decided 1986-01-22

PER CURIAM

¶1Defendant appeals from his convictions of felony murder, ORS 163.115, kidnapping in the first degree, ORS 163.235, and conspiracy to commit second degree kidnapping, ORS 161.450 and 163.225, entered after a jury trial. We remand for resentencing.

¶2Defendant makes three assignments of error, only the last of which requires discussion. The trial court merged the conspiracy and the kidnapping convictions with the felony murder conviction for sentencing purposes, and imposed a single life sentence. Defendant contends, and the state concedes, that the trial court should have merged the convictions themselves into a single conviction for felony murder. We agree.

¶3Although the trial court’s sentence order may be interpreted differently, it appears that defendant’s convictions were not merged. On remand, the order should be clarified to reflect a single conviction for felony murder.

¶4Remanded for resentencing.

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