- € 0,99
In this criminal case, defendant was found guilty of, among other things, second-degree robbery (Count 1) and third-degree robbery (Count 2). Both convictions arose out of defendants robbery of a single victim in one instance. The trial court entered judgment on both convictions and sentenced defendant to 70 months in prison on Count 1 and a concurrent 16 months in prison on Count 2. On appeal, defendant contends that the trial court erred in failing to merge the two robbery convictions, because both convictions arose out of the same act, and one offense is a lesser-included of the other. The state concedes the error. We agree and accept the concession. See State v. Camacho-Alvarez, 225 Or App 215, 216, 200 P3d 613 (2009) (multiple convictions arising out of the same act and for lesser-included offense must be merged).