- Court: Oregon Court of Appeals
- Area(s) of Law: Sentencing
- Date Filed: 08-01-2012
- Case #: A145386
- Judge(s)/Court Below: Brewer, P.J., for the Court; Haselton, C.J.; and Gillette, S.J.
- Full Text Opinion
The State appeals from a judgment against Defendant merging 20 counts of second-degree animal neglect, ORS 167.325, into one conviction under ORS 167.067(2). The trial court determined an animal is not considered a “victim” under ORS 167.325 and therefore, Defendant's numerous violations of the statute did not involve "two or more victims." The Court of Appeals held that animals qualify as a victims under ORS 167.325 for the purposes of applying ORS 161.067(2). The trial court erred in merging Defendant's convictions. Remanded for resentencing on each count, otherwise affirmed.