STATE v. FINN

CA 85-01-30082; CA A36535.

719 P.2d 898 (1986)

79 Or.App. 439

STATE of Oregon, Respondent, v. Morrie Leigh FINN, Appellant.

Court of Appeals of Oregon.

Decided May 21, 1986.


Attorney(s) appearing for the Case

John P. Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

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

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


WARDEN, Judge.

Defendant appeals his convictions for delivery and possession of a controlled substance. ORS 475.992. Both convictions resulted from a single transaction, in which an informant arranged a deal whereby defendant would sell one ounce of cocaine to an undercover police officer. Defendant argues that the convictions should have been merged. We agree and vacate the conviction for possession and remand for resentencing.

Merger exists "when the completion...

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