Protest 976801-G of New York Merchandise Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remanding consolidated cases for resentencing when separate charging instruments were permissively joined below, cases were tried and sentenced together, and counts of conviction being reversed were part of a sentencing package
• “[T]he presence of an addi- tional conviction on defendant’s criminal record misstates the nature and extent of defendant’s conduct.” (Internal quo- tation marks omitted.)
• “ORS 138.222(5)(b) requires resentencing of all of the convictions in the consolidated cases.”
• where multi- ple cases were tried together, error required resentencing on all cases
• where multiple cases were tried together, error required resentencing on all cases
• the need for a remand for resentencing obviates the need to consider a merger issue; “[t]he trial court will have the opportunity to address that unpreserved [merger] issue in the first instance on remand”

Source: CourtListener parenthetical corpus (CC0).