STATE v. STIER, 71 Or. App. 217 (1984)

691 P.2d 161

STATE OF OREGON, Respondent, v. WILLIAM FULTON STIER, JR., aka Jacob Mann, Appellant.

C 83-04-31867; CA A30490Oregon Court of Appeals.Argued and submitted July 27, 1984
Reversed and remanded with instructions November 28, 1984

Appeal from Circuit Court, Multnomah County.

Robert W. Redding, Judge.

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Richardson, Presiding Judge, and Warden and Newman, Judges.

PER CURIAM

Reversed and remanded with instructions to vacate conviction and sentence on Count II of indictment and for resentencing.

Page 218

PER CURIAM

Defendant appeals his conviction on two counts of tampering with drug records. ORS 167.212. The evidence showed that defendant presented two forged prescriptions to a druggist to obtain prescription drugs. The court entered separate sentences on each count. Defendant contends that he should have been convicted and sentenced on only one charge. The state concedes that the court erred. We agree. See State v. Welch, 264 Or. 388, 505 P.2d 910 (1973), State v. Homer, 22 Or. App. 328, 538 P.2d 945 rev den (1975).

Reversed and remanded with instructions to vacate the conviction and sentence on Count II of the indictment and for resentencing.

Page 219