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STATE v. FLORES

511 P.2d 414 (1973)

STATE of Oregon, Respondent, v. Daniel FLORES, Appellant.

Court of Appeals of Oregon.

Decided June 25, 1973.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

This appeal raises the question of the constitutional validity of the procedures by which defendant was sentenced to a term of five years' imprisonment upon a plea of guilty to the crime of criminal activity in drugs in violation of ORS 167.207. A violation of this section is a class B felony, except under certain conditions not involved here, and carries a maximum term of 10 years' imprisonment.

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