(DOWNLOAD) "State v. Bergman" by In the Court of Appeals of the State of Oregon # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Bergman
- Author : In the Court of Appeals of the State of Oregon
- Release Date : January 03, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Defendant appeals a judgment of conviction for two counts of theft in the first degree, one for stealing property valued at more than $750, ORS 164.055(1)(a),and the other for selling that same property, ORS 164.055(1)(c). Citing State v. Turner, 211 Or App 96, 153 P3d 134 (2007), he argues that the trial court erred in failing to merge the two convictions because evidence that he stole and then sold the same property supports only one theft conviction. He acknowledges that he failed to preserve the argument that he now raises on appeal, but urges this court to exercise its discretion to review the issue as "plain error." See ORAP 5.45(1); State v. Brown, 310 Or 347, 355, 800 P2d 259 (1990) (providing that an error qualifies as "plain error" if (1) it is an error of law; (2) the legal point is not reasonably in dispute; and (3) the error is apparent on the face of the record). The state concedes that the trial court plainly erred in entering two convictions for first-degree theft relating to the same property and agrees with defendant that this court should exercise its discretion to correct that error.
 "State v. Bergman" by In the Court of Appeals of the State of Oregon # eBook PDF Kindle ePub Free){kind=link}