The opinion
171
Submitted November 1; reversed and remanded for entry of judgment of
conviction for one count of unauthorized use of a vehicle, remanded for
resentencing, otherwise affirmed December 4, 2019
STATE OF OREGON,
Plaintiff-Respondent,
v.
FREDDY AYALA,
Defendant-Appellant.
Jefferson County Circuit Court
18CR14163; A168986
453 P3d 635
Daniel Joseph Ahern, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Ingrid A. MacFarlane, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Michael A. Casper, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
PER CURIAM
Reversed and remanded for entry of judgment of convic-
tion for one count of unauthorized use of a vehicle; remanded
for resentencing; otherwise affirmed.
172 State v. Ayala
PER CURIAM
Defendant pleaded guilty to one count of possession
of a stolen vehicle, ORS 819.300, and one count of unau-
thorized use of a vehicle, ORS 164.135. On appeal, defen-
dant argues that the trial court plainly erred by failing to
merge the verdicts on these counts. The state concedes that,
under State v. Noe, 242 Or App 530, 256 P3d 166 (2011),
the verdicts on these offenses should merge. We accept the
state’s concession on that point. The state also agrees with
defendant that the court’s failure to merge regarding these
counts constitutes plain error. See State v. Trickel, 270 Or
App 250, 347 P3d 344 (2015); State v. Brown, 263 Or App
751, 752, 330 P3d 1249 (2014). Again, we agree. We therefore
exercise our discretion to review for the reasons set forth in
State v. Camacho-Alvarez, 225 Or App 215, 216-17, 200 P3d
613 (2009).
Reversed and remanded for entry of judgment of
conviction for one count of unauthorized use of a vehicle;
remanded for resentencing; otherwise affirmed.