State v. Polanco

Defendant was convicted of conspiracy to deliver a controlled substance (heroin) and two counts of delivery and two counts of possession of a controlled substance (heroin and cocaine). He appeals, assigning four errors. We vacate the conspiracy conviction and otherwise affirm.

In his fourth assignment,1 defendant contends, and the state concedes, that the trial court erred in not merging his conviction for conspiracy to deliver heroin with his conviction for delivery of heroin. We agree. ORS 161.485(3); State v. McNamer, 80 Or App 418, 421, 722 P2d 51 (1986). We therefore vacate the conspiracy…