State v. Stradley

Defendant, who was convicted of delivery of marijuana within 1,000 feet of a school, ORS 475.862, delivery of marijuana for consideration, ORS 475.860(2), possession of a controlled substance, former ORS 475.840, renumbered as ORS 475.752, amended by Or Laws 2013, ch 591, § 3, and frequenting a place where controlled substances are used, ORS 167.222(1), appeals. He assigns error to the trial court’s failure to merge the delivery convictions and the denial of his motion for judgment of acquittal on the frequenting charge. The state concedes error with respect to merger, and we agree with and…