State v. Mayhew

Defendant was indicted for possession, conspiracy to deliver and delivery of a controlled substance. ORS 475.992; ORS 161.450. After a stipulated facts trial, the court found him guilty of conspiracy to deliver. The subsequent written judgment, though, included convictions on all three counts. The written judgment controls over a court’s oral ruling. State v. Scott, 96 Or App 451, 454, 773 P2d 394 (1989); State v. Mossman, 75 Or App 385, 706 P2d 203 (1985). The state concedes that the trial court erred in convicting defendant for both conspiracy to deliver and delivery of the same substance…