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STATE v. POLANCO

86-0383; CA A42859.

756 P.2d 1285 (1988)

92 Or.App. 93

STATE of Oregon, Respondent, v. Salvador Lopez POLANCO, Appellant.

Court of Appeals of Oregon.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Glenn N. Solomon, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Leslie Jo Westphal, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

PER CURIAM.

Defendant was convicted of conspiracy to deliver a controlled substance (heroin) and two counts of delivery and two counts of possession of a controlled substance (heroin and cocaine). He appeals, assigning four errors. We vacate the conspiracy conviction and otherwise affirm.

In his fourth assignment,1 defendant contends, and the state concedes, that the trial court erred...

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