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STATE v. LEYVA

07C44608; A137106.

211 P.3d 968 (2009)

229 Or. App. 479

STATE of Oregon, Plaintiff-Respondent, v. Jonathen LEYVA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Laura A. Frikert, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Kailana Piimauna, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for two counts of delivery of a controlled substance. ORS 475.840(1). He assigns error to the denial of a motion for a judgment of acquittal on both counts and to the failure of the trial court to merge the two convictions. We conclude that the trial court did not err in denying the motion for a judgment of acquittal, but that the court did err in failing to merge the convictions. We therefore remand for merger...

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