State v. Urban
Annotate this Case
Download PDF
FILED: April 2, 2014 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. NATHANIEL DEAN URBAN, Defendant-Appellant. Douglas County Circuit Court 10CR1715FE A151307 Ronald Poole, Judge. Argued and submitted on February 26, 2014. David O. Ferry, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services. Tiffany Keast, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General. Before Duncan, Presiding Judge, and Haselton, Chief Judge. PER CURIAM Reversed and remanded for entry of a corrected judgment finding defendant guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree unlawful sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and for merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first-degree unlawful sexual penetration; otherwise affirmed. 1 PER CURIAM 2 Defendant appeals from a judgment convicting him of three sexual 3 offenses, arguing that the trial court erred by denying his motions for judgment of 4 acquittal. We reject defendant's arguments without discussion. However, because--as 5 the state points out--there is an error in the judgment, we reverse and remand with 6 instructions to correct that error. 7 Following a bench trial, the trial court found defendant guilty of attempted 8 first-degree sexual abuse (as a lesser-included offense of the completed crime of first- 9 degree sexual abuse, which was charged in Count 1), attempted first-degree unlawful 10 sexual penetration (as a lesser-included offense of the completed crime of first-degree 11 unlawful sexual penetration, which was charged in Count 2), and attempted first-degree 12 sodomy (as charged in Count 3). The trial court correctly merged the guilty verdicts on 13 Counts 1 and 2 for attempted first-degree sexual abuse and attempted first-degree 14 unlawful sexual penetration, but the judgment of conviction erroneously reflects that the 15 guilty verdicts were merged into a conviction for the completed offense of first-degree 16 unlawful sexual penetration. We therefore remand for entry of a judgment finding 17 defendant guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree 18 unlawful sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and 19 merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first- 20 degree unlawful sexual penetration. 21 Reversed and remanded for entry of a corrected judgment finding defendant 1 1 guilty of attempted first-degree sexual abuse (Count 1), attempted first-degree unlawful 2 sexual penetration (Count 2), and attempted first-degree sodomy (Count 3), and for 3 merger of the guilty verdicts on Counts 1 and 2 into a single conviction of attempted first- 4 degree unlawful sexual penetration; otherwise affirmed. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
