On Appellant's Petition for Reconsideration February 14, 2008.
LANDAU, P.J.
In May 2005, defendant was convicted of two counts of delivery of a controlled substance. Former ORS 475.992(4)(a) (2003), renumbered as ORS 475.840 (2005). He appealed, arguing in his sole assignment of error that the trial court erred in failing to merge the convictions. In September 2007, we issued a decision in which we determined that defendant had failed to preserve...
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