STATE v. SALINAS

90-04-32535; CA A67882.

824 P.2d 430 (1992)

111 Or.App. 390

STATE of Oregon, Respondent, v. Eulaleo Saratel SALINAS, Appellant.

Court of Appeals of Oregon.

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.


PER CURIAM.

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, 105 Or.App. 434

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