Opinion

State v. Brown

  • 122 Or. App. 632
  • 857 P.2d 915
  • 1993 Ore. App. LEXIS 1393
Court
Court of Appeals of Oregon
Filed
Aug 25, 1993
Status
Published
On the bench
Deits, Durham, Rossman
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

PER CURIAM

Defendant was convicted of delivery of a controlled substance, ORS 475.992(2), possession of a controlled substance, ORS 475.992(4), and criminal conspiracy to deliver a controlled substance. ORS 161.450. The trial court merged the conviction for criminal conspiracy into “the other two convictions,” meaning that it merged with the delivery conviction. The trial court imposed two years probation, but then attached separate conditions of probation relating to each of the three counts against defendant, including the criminal conspiracy conviction. Defendant assigns error to the sentence, arguing that the trial court could not impose a separate sentence for a merged conviction. We agree. See State v. Crotsley, 308 Or 272 , 779 P2d 600 (1989).

Defendant’s remaining assignment of error does not require discussion.

Remanded for resentencing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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