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STATE v. DIAZ-RIVERA

08C41113; A139086.

230 P.3d 101 (2010)

235 Or. App. 179

STATE of Oregon, Plaintiff-Respondent, v. Gregoria DIAZ-RIVERA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 28, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Joshua B. Crowther, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Linda Wicks, Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant was convicted of delivery of methamphetamine, ORS 475.890, delivery of cocaine, ORS 475.880, delivery of heroin, ORS 475.850, and child neglect in the first degree, ORS 163.547. She contends on appeal that the sentence imposed by the trial court violated OAR 213-012-0020. Although she did not preserve the issue before the trial court, she argues we should consider it as plain error. The state concedes that the trial court plainly erred in imposing...

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