State v. Harrison
Annotate this Case
Download PDF
FILED: April 25, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. ZACHARY OLIN HARRISON, Defendant-Appellant. Washington County Circuit Court C091230CR A144858 Gayle Ann Nachtigal, Judge. Submitted on March 22, 2012. Peter Gartlan, Chief Defender, and Stephanie J. Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, filed the brief for respondent. Before Schuman, Presiding Judge, and Wollheim, Judge, and Nakamoto, Judge. PER CURIAM Reversed and remanded with instruction to merge conviction for fourth-degree assault (Count 10) into the conviction for first-degree assault (Count 6); remanded for resentencing; otherwise affirmed. 1 PER CURIAM 2 Defendant, who was convicted of three counts of first-degree assault, one 3 count of third-degree assault, two counts of fourth-degree assault, and various criminal 4 mistreatment offenses, arising out of his abuse of his two-month-old child, appeals, 5 raising two assignments of error. We reject without discussion defendant's unpreserved 6 contention that the trial court committed plain error in failing to grant a mistrial sua 7 sponte due to the prosecutor's remarks during closing argument. The state concedes that 8 defendant is correct in his second, preserved, contention that the guilty verdict for one 9 conviction of assault in the fourth degree (Count 10) must merge into one of the guilty 10 verdicts for first-degree assault (Count 6). The state's concession is well-founded, ORS 11 161.067; see State v. Sanders, 189 Or App 107, 74 P3d 1105 (2003), rev den, 336 Or 657 12 (2004) (merger of convictions required where the offenses involved the same act of 13 violence against a single victim and the merged conviction is a lesser included of the 14 more serious offense), and we accept it. 15 Reversed and remanded with instruction to merge conviction for fourth- 16 degree assault (Count 10) into the conviction for first-degree assault (Count 6); remanded 17 for resentencing; otherwise affirmed. 1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
