State v. Brown 122 Or. App. 632, 857 P.2d 915

122 Or. App. 632 • 857 P.2d 915

Submitted on record and briefs July 27,

remanded for resentencing August 25,

reconsideration denied November 10,

petition for review denied December 28, 1993 (318 Or 246)

STATE OF OREGON, Respondent, v. CHARLES HENRY BROWN, Appellant.

(91-01-33975; CA A73934)

857 P2d 915

Sally L. Avera, Public Defender, and Irene B. Taylor, Deputy Public Defender, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Ann Kelley, Assistant Attorney General, and Robert R. Graves, Certified Law Student, Salem, filed the brief for respondent.

Before Deits, Presiding Judge, and Rossman and Durham, Judges.

PER CURIAM

*633PER 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.

State v. Brown

122 Or. App. 632 • 857 P.2d 915

Case Details

Name

State v. Brown

Decision Date

Aug 25, 1993

Citations

122 Or. App. 632

857 P.2d 915

Jurisdiction

Oregon

Court

Oregon Court of Appeals

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