STATE v. DOMINGUEZ-CORONADO

04C50555; A128779.

168 P.3d 291 (2007)

215 Or. App. 7

STATE of Oregon, Plaintiff-Respondent, v. Fernando DOMINGUEZ-CORONADO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 12, 2007.


Attorney(s) appearing for the Case

Meredith Allen, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.


LANDAU, P.J.

Defendant was convicted of two counts of delivery of a controlled substance (DCS). Former ORS 475.992 (2003). On appeal, he argues that the trial court erred in failing to merge the two convictions. The state responds that defendant failed to preserve the assignment of error. We agree with the state that defendant failed to preserve the assignment and that the trial court's decision not to merge the convictions was not plainly erroneous. We therefore...

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