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STATE v. HERNANDEZ

C9010-35924; CA A69194.

823 P.2d 1042 (1992)

111 Or.App. 400

STATE of Oregon, Respondent, v. Ramon Rena HERNANDEZ, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Stephen Shurin, Portland, 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 DEITS and DURHAM, JJ.

PER CURIAM.

Defendant was indicted on two counts of delivery of a controlled substance. ORS 475.992. The first count charged that he committed the crime as part of a drug cultivation, manufacture or delivery scheme or network, but the second count did not. The court overruled defendant's demurrer and alternative motion to strike, which alleged that the scheme or network language was unconstitutionally vague. State v. Moeller, 105 Or.App. 434...

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