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State vs. Nix

Summarized by: 

Date Filed: 08-01-2012
Case #: A145386
Brewer, P.J., for the Court; Haselton, C.J.; and Gillette, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/OpinionsCOA.page

Sentencing: For the purposes of merging convictions under ORS 161.067(2), and animal under ORS 167.325 is considered a victim.

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.