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STATE v. MORALES

537 P.2d 109 (1975)

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

Court of Appeals of Oregon.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant was convicted and separately sentenced for criminal activity in drugs by transporting heroin and criminal activity in drugs by possessing heroin. The two charges involved the same drugs at the same time and place. State v. Miller, 14 Or.App. 396, 513 P.2d 508 (1973), prohibits separate judgments of conviction and sentences on these facts.

The substantive standards governing whether separate judgments...

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