Opinion
9011-36365; CA A68311
Submitted on record and briefs December 19, 1991
Reversed and remanded with instructions to dismiss indictment February 12, 1992
Appeal from Circuit Court, Multnomah County.
Charles Guinasso, Judge pro tempore.
Sally L. Avera, Public Defender, and Eric R. Johansen, Deputy Public Defender, Salem, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Deits and Durham, Judges.
PER CURIAM
Reversed and remanded with instructions to dismiss indictment.
Defendant was convicted of delivery of a controlled substance as part of a drug cultivation, manufacture or delivery scheme or network. ORS 475.992. He had demurred on the ground that the scheme or network language is unconstitutionally vague. The trial court erroneously overruled his demurrer. State v. Moeller, 105 Or. App. 434, 806 P.2d 130, rev dismissed 312 Or. 76, 815 P.2d 701 (1991).
Because we dispose of the case on that issue, we need not reach defendant's other assignment of error.
Reversed and remanded with instructions to dismiss the indictment.