State v. Leyva

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 and for resentencing, but otherwise affirm.

The relevant facts are not in dispute. Salem Police Officer Noack stopped a sport utility vehicle…