State v. Ascencio-Galindo

Defendant was convicted of two counts of unlawful delivery of methamphetamine; the trial court imposed a 40-month departure sentence on the first count and a concurrent 40-month departure sentence on the second. On appeal, defendant assigns as error (1) the trial court’s failure to merge the two convictions, which were based on the same predicate conduct, and (2) the admission, in violation of his confrontation rights, of a laboratory report without testimony from the person who prepared the report. Defendant acknowledges that he did not preserve either assignment of error for appeal, but…