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MORA v. MAASS

91C-10630, 91C-11530, 91C-11061, and 91C-10445; CA A71969 (Control), CA A71954, CA A71982 and CA A71983.

851 P.2d 1154 (1993)

120 Or. App. 173

Luis Ernesto MORA, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant. James Anthony CRAIGER, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant. Thomas Richard STOFFAL, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant. Joaquin S. TERAN, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided May 12, 1993.

Reconsideration Denied June 16, 1993.

Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause, for appellant. With her on the brief was Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Hari Nam Khalsa, Deputy Public Defender, Salem, argued the cause, for respondents Mora and Stoffal. With him on the brief was Sally L. Avera, Public Defender, Salem.

Mark J. Geiger, Salem, argued the cause and filed the brief, for respondent Craiger.

Ronald M. Hellewell, Salem, argued the cause and filed the brief, for respondent Teran.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

DE MUNIZ, Judge.

Defendant appeals from a judgment granting habeas corpus relief to plaintiffs. We granted defendant's motion to consolidate. ORAP 2.30. Plaintiffs were all convicted of delivery of controlled substances, and their sentences were enhanced, because their crimes "occurred as part of a drug cultivation, manufacture or delivery scheme or network." ORS 475.992; OAR 253-04-002(3) appendix 4. The habeas corpus court vacated their sentences on...

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