STATE v. MORALES


539 P.2d 1112 (1975)

STATE of Oregon, Respondent, v. Richard Hernandez MORALES, Appellant.

Court of Appeals of Oregon.

September 10, 1975.


Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem, for respondent.

No appearance contra.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


SCHWAB, Chief Judge.

Contrary to the decisions discussed in our original opinion, decisions dating back more than two years to State v. Miller, 14 Or.App. 396, 513 P.2d 508 (1973), the trial court separately sentenced defendant on two counts of criminal activity in drugs, based upon the theory that he transported and possessed the same drugs at the same time and place.

In its original brief, the state argued that the...

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