State v. Moyer
This text of 840 P.2d 112 (State v. Moyer) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendant appeals convictions on eight counts of delivery of a controlled substance. ORS 475.992. For each count, the indictment alleged that the crime occurred as part of a drug delivery scheme or network. Defendant was found guilty of the charges, and the jury returned a special verdict that each offense was committed as part of a scheme or network. Defendant did not demur, but raised an issue that challenged the sentences on the basis of the “scheme or network” findings.
The state concedes that the court erred in sentencing. State v. Moeller, 105 Or App 434, 806 P2d 130, rev dismissed 312 Or 76, 815 P2d 701 (1991). We accept the state’s concession.
Convictions affirmed; remanded for resentencing.
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Cite This Page — Counsel Stack
840 P.2d 112, 116 Or. App. 231, 1992 Ore. App. LEXIS 2012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moyer-orctapp-1992.