State v. Valdovinos
This text of 830 P.2d 638 (State v. Valdovinos) 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 was charged with delivery and possession of a controlled substance, ORS 475.992, both as part of a drug cultivation, manufacture or delivery scheme or network. He was sentenced under the sentencing guideline that involves a “scheme or network” factor. The state concedes that the sentence was improper. State v. Moeller, 105 Or App 434, 806 P2d 130, rev dismissed 312 Or 76, 815 P2d 701 (1991). We accept that concession. Because defendant challenges only the sentence imposed, we remand for resentencing.
Convictions affirmed; remanded for resentencing.
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Cite This Page — Counsel Stack
830 P.2d 638, 113 Or. App. 382, 1992 Ore. App. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-valdovinos-orctapp-1992.