State v. Hale

Defendant pled guilty to and was convicted of felony driving while suspended (DWS) and driving under the influence of intoxicants (DUII) for the same act of driving on November 14, 1984. He argues that the trial court had no authority to impose two separate sentences. We affirm.

Defendant was validly convicted of both DWS and DUII. Neither offense necessarily includes acts sufficient to constitute a violation of the other; therefore, there is no merger of the convictions. See State v. Cloutier, 286 Or 579, 586, 596 P2d 1278 (1978); State v. Finn, 79 Or App 439, 719 P2d 898 (1986).

Whether a…