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STATE v. SARGENT

C890196CR; CA A64243.

822 P.2d 726 (1991)

110 Or.App. 194

STATE of Oregon, Respondent, v. Michael Garry SARGENT, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Steven L. Price, Hillsboro, argued the cause and filed the brief for appellant.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant was convicted of both delivery of a controlled substance and, as part of the same act and transaction, possession of a controlled substance. ORS 475.992. The trial court did not merge the convictions and gave defendant consecutive sentences. We affirm the convictions but vacate the sentences and remand for resentencing.

We have previously held that convictions for delivery and possession merge when they are part of the same...

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