Court of Appeals of Oregon, 1991

State v. Drummond

State v. Drummond
Court of Appeals of Oregon · Decided May 15, 1991 · Edmonds, Riggs, Warren
107 Or. App. 247; 810 P.2d 413; 1991 Ore. App. LEXIS 787

State v. Drummond

Opinion of the Court

PER CURIAM

Defendant appeals his conviction for delivery of a controlled substance and two convictions for possession of a controlled substance. ORS 475.992. Defendant contends that one of the convictions for possession should have merged with the delivery conviction, because they were both part of the same transaction. ORS 161.062(1); State v. Garcia, 104 Or App 453, 801 P2d 894 (1990), rev den 311 Or 150 (1991); State v. Finn, 79 Or App 439, 719 P2d 898 (1986). We accept the state’s concession of error.

Defendant’s remaining assignment of error is without merit.

Convictions and sentences for delivery of a controlled substance and possession of a controlled substance (cocaine) affirmed; conviction and sentence for possession of a controlled substance (marijuana) vacated.

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