Opinion
9006-33564; CA A68629 (Control) 9006-33851; CA A68630 (Cases Consolidated)
Submitted on record and briefs November 6, 1991
Convictions affirmed and remanded for resentencing February 12, 1992
Appeal from Circuit Court, Multnomah County.
Dorothy M. Baker, Judge pro tempore.
Sally L. Avera, Public Defender and J. Marvin Kuhn, Chief 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 Joseph, Chief Judge, and Deits, Judge.
PER CURIAM
Convictions affirmed; remanded for resentencing.
Defendant was convicted, after trial to the court, of delivery of controlled substances. ORS 475.992. The indictments included allegations that delivery occurred as part of a drug cultivation, manufacture or delivery scheme or network. Defendant challenges only his sentence, and the state concedes that the sentence was improper and that the case should be remanded for resentencing. 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.
Convictions affirmed; remanded for resentencing.