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STATE v. MOTSINGER

021244; A120560.

117 P.3d 313 (2005)

200 Or. App. 713

STATE of Oregon, Respondent, v. Gary Wayne MOTSINGER, Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, filed the brief for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Daniel J. Casey, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and LINDER and SCHUMAN, Judges.

PER CURIAM.

Defendant appeals his convictions for manufacture of a controlled substance and possession of a controlled substance. On appeal, he raises four assignments of error, only one of which requires discussion.

After a jury convicted defendant, the trial court "merged" the two convictions for sentencing purposes. The court found that there were substantial and compelling reasons to depart from the presumptive probationary sentence, and it sentenced defendant...

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