Defendant was convicted, after trial to the court, of delivery of a controlled substance. ORS 475.992. The indictment included an allegation that delivery occurred as part of a drug cultivation, manufacture or delivery scheme or network. The state concedes that the sentence was improper and that the case should be remanded for resentencing. State v. Moeller,
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STATE v. SALINAS
824 P.2d 430 (1992)
111 Or.App. 390
STATE of Oregon, Respondent, v. Eulaleo Saratel SALINAS, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Submitted on Record and Briefs November 6, 1991.
Decided February 12, 1992.
Attorney(s) appearing for the Case
Sally L. Avera, Public Defender and J. Marvin Kuhn, Chief Deputy Public Defender, Salem, filed the brief for appellant.
Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.
Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.
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