STATE v. BAKER

90C-20378; CA A68212.

828 P.2d 1061 (1992)

112 Or. App. 634

STATE of Oregon, Respondent, v. Altha Lee BAKER, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1992.


Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, 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., JOSEPH, C.J., and DEITS, J.


PER CURIAM.

Defendant was convicted of possession and delivery of controlled substances, ORS 475.992, both as "part of a drug cultivation, manufacture or delivery scheme or network."

Defendant argues that the two convictions should have been merged. She did not raise that issue at sentencing, and we decline to address it.

She also contends that, because the scheme or network criterion is unconstitutionally vague, her sentences under the guidelines...

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