State v. Clark

Defendant appeals his conviction for possession of a controlled substance and two convictions for delivery of a controlled substance. ORS 475.992(1)(b); ORS 475.992(4). The cases are consolidated on appeal but were tried separately. In case number 87-99, defendant was convicted of delivery and possession of a controlled substance. In case number 87-100, he was convicted of delivery of a controlled substance.

In his first assignment of error, defendant contends that, in case number 87-99, the trial court erred in not merging his conviction for possession of a controlled substance with his…