Opinion
91-01-33975; CA A73934
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)
Appeal from Circuit Court, Union County.
Eric W. Valentine, Judge pro tempore.
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
Remanded for resentencing.
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 P.2d 600 (1989).
Defendant's remaining assignment of error does not require discussion.
Remanded for resentencing.