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STATE v. STIER

C 83-04-31867; CA A30490.

691 P.2d 161 (1984)

71 Or.App. 217

STATE of Oregon, Respondent, v. William Fulton STIER, Jr., Also Known As Jacob Mann, Appellant.

Court of Appeals of Oregon.

Decided November 28, 1984.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

Defendant appeals his conviction on two counts of tampering with drug records. ORS 167.212. The evidence showed that defendant presented two forged prescriptions to a druggist to obtain prescription drugs. The court entered separate sentences on each count. Defendant contends that he should have been convicted and sentenced on only one charge. The state concedes that the court erred. We agree. See State v. Welch, 264 Or. 388, 505...

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