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State v. Baker

Citations

  • 265 Or. App. 500
  • 336 P.3d 547
  • 2014 Ore. App. LEXIS 1288

How courts have described this case

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

  • “We do not understand why factors that relate only to sentencing should affect whether multiple offenses merge into a single conviction.” (Emphasis in original.)
  • “The state may allege subcategory factors to elevate the charged offense on the crime-seriousness scale for purposes of the felony sentencing guidelines.” (Internal quotation marks omitted.)
  • “[W]hat matters is whether all elements of one offense are subsumed within the elements of the other offense, and not whether other facts, like the ‘underlying factual circumstances of the crime,’ might overlap to that degree.” (Emphasis in original.)
  • “[W]hat matters is whether all elements of one offense are subsumed within the elements of the other offense, and not whether other facts, like the ‘underlying factual circumstances of the crime,’ might overlap to that degree.” (Emphasis in original.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hadlock, Sercombe, Tookey

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.