Oregon Appellate Ct - Nov 23, 2016
by: Sara Werboff • November 25, 2016 • no comments
(Created page with "<summary hidden> * * * </summary> [http://www.publications.ojd.state.or.us/docs/A156803.pdf State v. House], 282 Or App 371 (2016) (Lagesen, J.) [http://www.publications....") |
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| + | Merger - No Merger was Appropriate When There Was a Sufficient Pause Between Crimes | ||
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| + | The court upholds the trial court's order that defendant's two sodomy convictions did not merge. Defendant forced his wife to perform oral sex on him, then choked her causing her to briefly pass out, then unsuccessfully attempted to rape her, and then forced her to perform oral sex again. Defendant was charged with and convicted of two counts of sodomy for forcing his wife to perform oral sex. Defendant argued that the guilty verdicts for the sodomy counts should merge because they were part of an uninterrupted course of criminal conduct and there was a lack of a sufficient pause for defendant to renounce his criminal intent. The court disagrees with defendant. The court concludes that there was a sufficient pause between the sodomy crimes, even if the pause was other criminal conduct of a different nature. | ||
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| + | The court also accepts the state's concession that the trial court plainly erred in imposing court-appointed attorney fees. | ||
[http://www.publications.ojd.state.or.us/docs/A157181.pdf State v. West-Howell], 282 Or App 393 (2016) (Garrett, J.) | [http://www.publications.ojd.state.or.us/docs/A157181.pdf State v. West-Howell], 282 Or App 393 (2016) (Garrett, J.) | ||
Revision as of 12:17, November 26, 2016
State v. House, 282 Or App 371 (2016) (Lagesen, J.)
Merger - No Merger was Appropriate When There Was a Sufficient Pause Between Crimes
The court upholds the trial court's order that defendant's two sodomy convictions did not merge. Defendant forced his wife to perform oral sex on him, then choked her causing her to briefly pass out, then unsuccessfully attempted to rape her, and then forced her to perform oral sex again. Defendant was charged with and convicted of two counts of sodomy for forcing his wife to perform oral sex. Defendant argued that the guilty verdicts for the sodomy counts should merge because they were part of an uninterrupted course of criminal conduct and there was a lack of a sufficient pause for defendant to renounce his criminal intent. The court disagrees with defendant. The court concludes that there was a sufficient pause between the sodomy crimes, even if the pause was other criminal conduct of a different nature.
The court also accepts the state's concession that the trial court plainly erred in imposing court-appointed attorney fees.
State v. West-Howell, 282 Or App 393 (2016) (Garrett, J.)
State v. Angelo, 282 Or App 403 (2016) (DeHoog, J.)
