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STATE v. WIGGLESWORTH

89C-21174, 89C-21173; CA A65821 (Control), CA A65876.

810 P.2d 411 (1991)

107 Or.App. 239

STATE of Oregon, Respondent, v. John Vincent WIGGLESWORTH, Appellant. State of Oregon, Respondent, v. Vernell Wigglesworth, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 22, 1991.

Decided May 15, 1991.

Attorney(s) appearing for the Case

Mark J. Geiger, Salem, argued the cause and filed the brief for appellant John Vincent Wigglesworth; Jay Edwards, Salem, argued the cause and filed the brief for appellant Vernell Wigglesworth.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

CA A65876 before Warren, P.J., Joseph, C.J., and Riggs, J.

CA A65821 Argued and Submitted April 5, 1991.

CA A65876 Argued and Submitted March 22, 1991.

Per Curiam.

Defendants were found guilty of conspiracy to deliver a controlled substance, Ors 161.450, delivery of a controlled substance, Ors 475.992(1), and possession of a controlled substance. Ors 475.992(4).1 At sentencing, the trial court merged the delivery charge into the conspiracy charge in each case and imposed separate...

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