Opinion
C90-04-32163; CA A67071
Submitted on record and appellant's brief December 19, 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 Steven V. Humber, Deputy Public Defender, Salem, filed the brief for appellant.
No appearance for respondent.
Before Richardson, Presiding Judge, and Deits and Durham, Judges.
PER CURIAM
Convictions affirmed; remanded for resentencing.
Defendant was convicted of possession and delivery of controlled substances as part of a drug cultivation, manufacture or delivery scheme or network. He demurred to the indictment on the ground that the scheme or network language is unconstitutionally vague. However, on appeal, he challenges only the sentence imposed. The state concedes, by letter, 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.
Convictions affirmed; remanded for resentencing.