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“here a defendant has been found guilty on multiple counts of assault arising from the same criminal episode and involving the same victim, the court must merge those guilty verdicts unless the state proves that 'one assault ended before the other began.”
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010
2018
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
State v. Howe
here a defendant has been found guilty on multiple counts of assault arising from the same criminal episode and involving the same victim, the court must merge those guilty verdicts unless the state proves that 'one assault ended before the other began.
discussed
Cited as authority (quoted)
Department of Human Services v. S. P.
the allegations in a petition are viewed as a whole, with each one potentially conditioned or amplified by the others.
discussed
Cited "see"
State v. Rice
See State v. Watkins, 236 Or App 339 , 344 n 1, 236 P3d 770 , rev den, 349 Or 480 (2010) (explaining that guilty verdicts, not con- victions or sentences, are what merge under Oregon merger law).
discussed
Cited "see"
State v. Reed
Id.; see State v. Watkins, 236 Or App 339, 345 , 236 P3d 770 , rev den, 349 Or 480 (2010) (appellate court is “bound by the trial court’s findings of fact if there is constitutionally sufficient evidence in the record to support those findings” (internal quotation marks omitted)).
discussed
Cited "see, e.g."
State v. Cale
This court reached similar results in other assault cases, in which we emphasized that “the mere passage of time, by itself, does not establish that one assault ended before the other began.” State v. Sanders, 185 Or App 125, 130 , 57 P3d 963 (2002), adh’d to as modified on recons, 189 Or App 107 , 74 P3d 1105 (2003), rev den, 336 Or 657 (2004) (insufficient evidence as to a significant pause between blows to victim’s body with a wooden closet rod); see also State v. Watkins, 236 Or App 339, 348 , 236 P3d 770 , rev den, 349 Or 480 (2010) (insufficient evidence as to a significant pause…
Retrieving the full opinion text from the archive…
STATE
v.
WOODS.
v.
WOODS.
S058851.
Oregon Supreme Court.
Dec 23, 2010.
Cited by 1 opinion | Published
Citer courts: Court of Appeals of Oregon (2)
Petition for review denied.