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State v. Medina

Oregon Court of Appeals
Jan 22, 1992
823 P.2d 453 (Or. Ct. App. 1992)

Opinion

C90-05-32645; CA A67219

Submitted on record and briefs December 19, 1991

Convictions affirmed and remanded for resentencing January 22, 1992

Appeal from Circuit Court, Multnomah County.

Joseph F. Ceniceros, Judge pro tempore.

Sally L. Avera, Public Defender, and Irene B. Taylor, 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

Convictions affirmed; remanded for resentencing.


Defendant appeals his convictions by a jury for delivery of a controlled substance and possession of a controlled substance as part of a scheme or network. ORS 475.992; OAR 253-04-002(3), App 4. He did not demur to the indictment but, before sentencing, challenged the constitutionality of the scheme or network language. He has preserved his challenge to the sentence imposed. The state concedes that the sentence is improper. State v. Moeller, 105 Or. App. 434, 806 P.2d 130, rev dismissed 312 Or. 76, 815 P.2d 701 (1991). We accept that concession.

Because we remand for resentencing on that ground, we need not address defendant's other assignment of error.

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Medina

Oregon Court of Appeals
Jan 22, 1992
823 P.2d 453 (Or. Ct. App. 1992)
Case details for

State v. Medina

Case Details

Full title:STATE OF OREGON, Respondent, v. RICARDO SANCHEZ MEDINA, Appellant

Court:Oregon Court of Appeals

Date published: Jan 22, 1992

Citations

823 P.2d 453 (Or. Ct. App. 1992)
823 P.2d 453

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PER CURIAM Convictions affirmed; remanded for resentencing. State v. Medina, 111 Or. App. 108, 823 P.2d 453…

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The state concedes that the trial court erred in sentencing defendant under the "scheme or network" provision…