Opinion
90C-20815; CA A66678
Submitted on record and briefs December 11, 1991
Convictions affirmed and remanded for resentencing February 12, 1992
Appeal from Circuit Court, Marion County.
Rodney W. Miller, Judge.
Gary D. Babcock, Salem, filed the briefs for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem, filed the briefs for respondent.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Convictions affirmed; remanded for resentencing.
Defendant appeals his conviction for delivery of, conspiracy to deliver and possession of methamphetamine and three counts of endangering the welfare of a minor. He assigns error to the trial court's denial of his motion for judgment of acquittal. The evidence was sufficient to support the convictions.
Defendant also assigns error to the trial court's imposition of sentence. The state concedes that the trial court erred in sentencing defendant under the "scheme or network" provision of OAR 253-04-004. State v. Moeller, 105 Or. App. 434, 806 P.2d 130, rev dismissed 312 Or. 76, 815 P.2d 701 (1991); State v. Medina, 111 Or. App. 108, 823 P.2d 453 (1992).
Convictions affirmed; remanded for resentencing.