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STATE v. ASCENCIO-GALINDO

05C43924, A130025.

188 P.3d 392 (2008)

220 Or. App. 600

STATE of Oregon, Plaintiff-Respondent, v. Victor Manuel ASCENCIO-GALINDO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Erin Galli and Chilton, Ebbett & Galli, LLC, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

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...

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