State v. Jenkins

Merger is governed by ORS 161.067, which precludes merger when the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not; ORS 161.067(2) precludes merger when the same conduct or criminal episode violates only one statutory provision, but involves two or more victims; and ORS 161.067(3) precludes merger when the same conduct or criminal episode violates only one statutory provision and involves only one victim, but the violations are separated by a sufficient pause in the defendant’s criminal conduct to afford the defendant an opportunity to renounce the criminal intent.

Defendant appealed a criminal judgment of conviction and sentence. Defendant had two assignments of error. First, he asserted that the trial court erred by finding him mentally competent (The Court rejected this without discussion). Secondly, he assigned asserted that the court erred by failing to merge the guilty verdicts on four counts of tampering with a witness into a single conviction. The State conceded that the trial court erred in this respect, and the Court agreed. Reversed and remanded for entry of a single conviction for tampering with a witness and for resentencing; otherwise affirmed.