# State v. Brown

> Court of Appeals of Oregon · August 25, 1993 · 122 Or. App. 632

URL: https://www.frixlaw.com/law-library/cases/6940899

## Case

- **Full name:** STATE OF OREGON v. CHARLES HENRY BROWN
- **Court:** Court of Appeals of Oregon
- **Decided:** August 25, 1993
- **Citations:** 122 Or. App. 632; 857 P.2d 915; 1993 Ore. App. LEXIS 1393
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Deits, Durham, Rossman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6940899

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6940899. Public record. Not legal advice.