State v. Boyd

This is a companion case to State v. Reed, 15 Or App 593, 517 P2d 318 (1973). The present defendant was convicted in a joint trial of conspiring with Reed to commit criminal activity in drugs, ORS 161.450,167.207, and criminal activity in drugs, ORS 167.207. The background facts are stated in the Reed 'opinion.

In Reed we held that ORS 161.485 (3) permitted only a single conviction and sentence for conspiring to sell heroin and possession of the same heroin at the same time and place. The facts of this case are slightly different, but not different enough to change that result.

When police…