State v. Powell

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 06-20-2012
  • Case #: A141354
  • Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
  • Full Text Opinion

Multiple second-degree robbery verdicts merge into a single count per victim; however, second-degree robbery verdicts do not merge with first-degree robbery verdicts.

Appellant Douglas Eugene Powell (Powell) appealed his jury conviction. Intending to steal marijuana, Powell entered a home and pointed a gun at three residents. Powell was convicted of, among other things, one count of first-degree burglary with a firearm, three counts of first-degree robbery with a firearm, and six counts of second-degree robbery with a firearm. On appeal, Powell argued that the second-degree robbery verdicts should merge for each victim; furthermore, he asserted that the second-degree robbery convictions should be merged with the first-degree robbery verdicts. The Court of Appeals agreed that the trial court erred by failing to merge the second-degree robbery verdicts; however, the Court also held that Powell's second-degree robbery convictions do not merge with his first-degree robbery verdicts because both offenses are in separate statutory sections and have different punishments. Partially reversed; remanded for sentencing; otherwise affirmed.

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