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State v. Valdovinos

Oregon Court of Appeals
Jun 3, 1992
830 P.2d 638 (Or. Ct. App. 1992)

Opinion

9005-32899: CA A67277

Submitted on record and briefs March 16, 1992

Convictions affirmed; remanded for resentencing June 3, 1992

Appeal from Circuit Court, Multnomah County.

Stephen S. Walker, Judge.

Elliot Holden, Portland, filed the brief for appellant.

Charles S. Crookham, 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 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 P.2d 130, rev dismissed 312 Or. 76, 815 P.2d 701 (1991). We accept that concession. Because defendant challenges only the sentence imposed, we remand for resentencing.

Convictions affirmed; remanded for resentencing.


Summaries of

State v. Valdovinos

Oregon Court of Appeals
Jun 3, 1992
830 P.2d 638 (Or. Ct. App. 1992)
Case details for

State v. Valdovinos

Case Details

Full title:STATE OF OREGON, Respondent, v. ESTANISLAO VALDEZ VALDOVINOS, Appellant

Court:Oregon Court of Appeals

Date published: Jun 3, 1992

Citations

830 P.2d 638 (Or. Ct. App. 1992)
830 P.2d 638