State v. Morales

SCHWAB, C/J.

Contrary to the decisions discussed in our original opinion, decisions dating back more than two years to State v. Miller, 14 Or App 396, 513 P2d 508 (1973), the trial court separately sentenced defendant on two counts of criminal activity in drugs, based upon the theory that he transported and possessed the same drugs at the same time and place.

In its original brief, the state argued that the “trial court did not err in sentencing defendant on both counts of the indictment.” After citing Miller, the state’s analysis continued:

“# * * The state concedes therefore, that one of the…