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STATE v. PALMA

9006-33564 & 9006-33851; CA A68629 (Control), CA A68630.

823 P.2d 1040 (1992)

111 Or.App. 388

STATE of Oregon, Respondent, v. Rafael PALMA, Appellant. State of Oregon, Respondent, v. Rafael Ruelas Palma, Also Known As Manuel Palma-Ruelas, Also Known As Daniel Moreno, 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., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

Defendant was convicted, after trial to the court, of delivery of controlled substances. ORS 475.992. The indictments included allegations that delivery occurred as part of a drug cultivation, manufacture or delivery scheme or network. Defendant challenges only his sentence, and 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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