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Oregon Appellate Court, September 30, 2020

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by: Rankin Johnson • October 1, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

SENTENCING - Merger

Multiple counts of animal abuse, directed at different animals, do not merge. Affirmed.

On remand from the Supreme Court. The Court of Appeals rejected defendant's argument that his offenses should merge because he was convicted of an aggravated version of the offense, one element of which is harm to multiple animals during the same episode. The court remanded for resentencing because the trial court erred in imposing a compensatory fine and a punitive fine.

State v. Setere 306 Or App 654 (September 30, 2020) (Lagesen) (Columbia County, Grove)