Opinion
C9109-34564; CA A73523
Argued and submitted March 31, 1993
Conviction affirmed; remanded for resentencing May 12, 1993
Appeal from Circuit Court, Multnomah County.
Harl H. Haas, Judge.
Sally L. Avera, Public Defender, Salem, argued the cause and filed the brief for appellant.
Amy E. Alpaugh, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Rossman and Edmonds, Judges.
PER CURIAM
Conviction affirmed; remanded for resentencing.
Defendant appeals his conviction for unlawful delivery of a controlled substance, a Category 4 crime in this case. ORS 475.996(3)(a). The state concedes that the trial court erred in imposing a 36-month period of post-prison supervision.
Conviction affirmed; remanded for resentencing.