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FILED: July 28, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DAVID CHRISTOPHER SAUCEDA,

Defendant-Appellant.

Washington County Circuit Court
C071684CR
A138887

Rick Knapp, Judge.

Submitted on December 22, 2009.

Peter Gartlan, Chief Defender, Appellate Division, and Travis S. Eiva, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Sercombe, Judge.*

WOLLHEIM, P. J.

Reversed and remanded for merger of convictions for first-degree burglary on Counts 2-4 into a single conviction for first-degree burglary reflecting that defendant was found guilty on all theories and for resentencing; otherwise affirmed.

*Brewer, C. J., vice Edmonds, P. J.

WOLLHEIM, P. J.

Following a guilty plea, defendant was convicted of four counts of first-degree burglary, ORS 164.225, two counts of second-degree kidnapping, ORS 163.225, two counts of fourth-degree assault, ORS 163.160, and one count each of interference with making a report, ORS 165.572, harassment, ORS 166.065, reckless endangerment, ORS 163.195, and third-degree theft, ORS 164.043.