State v. Dominguez-Coronado

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 that issue and that it did not constitute plain error; we therefore affirmed his convictions. State v. Dominguez-Coronado, 215 Or App 7, 168 P3d 291 (2007).

In April 2007, however, the Supreme Court had issued its decision in…