State v. Herrera-Cruz

PER CURIAM

Defendant appeals a judgment of conviction for two counts of felony fourth-degree assault. ORS 163.160. He asserts that the trial court erred in failing to merge the convictions. The state concedes that the trial court erred in failing to merge the convictions into a single conviction. We agree and accept the concession. State v. Glaspey, 337 Or 558, 567, 100 P3d 730 (2004).

Convictions vacated and remanded for merger and for resentencing; otherwise affirmed.