State v. Wigglesworth

Defendants were found guilty of conspiracy to deliver a controlled substance, ORS 161.450, delivery of a controlled substance, ORS 475.992(1), and possession of a controlled substance. ORS 475.992(4).1 At sentencing, the trial court merged the delivery charge into the conspiracy charge in each case and imposed separate concurrent sentences on the charges of conspiracy and possession.

Defendants contend that they cannot be sentenced separately for conspiracy to deliver a controlled substance and for possession of the same controlled substance. The state concedes that, because it cannot be…