Court of Appeals of Oregon, 1993

State v. Brown

State v. Brown
Court of Appeals of Oregon · Decided August 25, 1993 · Deits, Durham, Rossman
122 Or. App. 632; 857 P.2d 915; 1993 Ore. App. LEXIS 1393

State v. Brown

Opinion of the Court

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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