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STATE v. DELGADO

C90-02-30671; CA A66588.

826 P.2d 1014 (1992)

111 Or.App. 162

STATE of Oregon, Respondent, v. Jesse DELGADO, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

Defendant challenges his sentence after his conviction in a bench trial for unlawful delivery and possession of a controlled substance. ORS 475.992. We remand for resentencing.

The court imposed a prison sentence of 10 years, with a 5-year minimum. The state concedes that the court lacked authority under the sentencing guidelines to impose that term of incarceration. We accept the concession. Defendant's presumptive sentence was a probationary...

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