State v. Dominguez-Coronado

Defendant was convicted of two counts of delivery of a controlled substance (DCS). Former ORS 475.992 (2003). On appeal, he argues that the trial court erred in failing to merge the two convictions. The state responds that defendant failed to preserve the assignment of error. We agree with the state that defendant failed to preserve the assignment and that the trial court’s decision not to merge the convictions was not plainly erroneous. We therefore affirm.

The relevant facts are not in dispute. Salem police officers arrested defendant’s brother for attempting to sell one ounce (28 grams) of…