Willamette Law Online

Oregon Court of Appeals


State v. Powell

Summarized by: 

Date Filed: 06-20-2012
Case #: A141354
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A141354.pdf

Criminal Procedure: 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.