Find Court Cases > A134127 State v. Delcurto

A134127 State v. Delcurto

Case Date: 10/07/2009
Docket No: 05694A134127


FILED: October 7, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

ANTHONY DELCURTO,

Defendant-Appellant.

Baker County Circuit Court
05694
A134127

Russell B. West, Judge.

Submitted on August 25, 2009.

Jamesa J. Drake filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Laura S. Anderson, Senior Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.

HASELTON, P. J.

Reversed and remanded with instructions to merge defendant's conviction on Count 3 into his conviction on Count 1 and his conviction on Count 4 into his conviction on Count 2 and for resentencing; otherwise affirmed.

HASELTON, P. J.

Defendant appeals a judgment of conviction for two counts of second-degree manslaughter (Counts 1 and 2), ORS 163.125; two counts of criminally negligent homicide (Counts 3 and 4), ORS 163.145; and one count of driving under the influence of intoxicants (Count 5), ORS 813.010.