SMITH

v.

OREGON

Citator

Cited By

• In re Universal Farming Indus. v. Thomen, 873 F.2d 1334 (9th Cir. 1989)
  …y still not merge. Merger of title is generally not imputed where such a merger would be disadvantageous to the party against whom merger is sought. Strike v. Trans-West Discount Corp., 92 Cal.App.3d 735, 742-43, 155 Cal.Rptr. 132, appeal dismissed, 444 U.S. 948, 100 S.Ct. 417, 62 L.Ed.2d 317 (1979), and First American Title Ins. Co. v. United States, 848 F. 2d 969, 973-74 (9th Cir.1988). Strike held that merger is a question of the intent of the person whose rights are to be united, and in the absence of a…
• MAY v. Sumner, 622 F.2d 997 (9th Cir. 1980)
  …or punishment in a single proceeding. Lower courts have grappled inconsistently with that question. See, e.g., both the majority and dissenting opinions in Wayne County Pros. v. Recorder’s Ct. Judge, 406 Mich. 374, 280 N.W. 2d 793, appeal dismissed, 444 U.S. 948, 100 S.Ct. 418, 62 L.Ed.2d 317 (1979). See also Sours v. State, 593 S.W. 2d 208 (Mo.1980). The issue in this case, however, is different. The two statutes in question did not create two separate offenses. Rather § 12022.5 was merely a sentencing pr…