STATE v. BRIGGS, 118 Or. App. 101 (1993)

844 P.2d 946

STATE OF OREGON, Respondent, v. MICHAEL ROBERT BRIGGS, Appellant.

91CR2192; CA A73610Oregon Court of Appeals.Submitted on record and briefs December 16, 1992
Convictions affirmed; remanded in part for resentencing February 3, 1993

Appeal from Circuit Court, Coos County.

Hugh C. Downer, Jr., Judge.

Sally L. Avera, Public Defender, and Peter Gartlan, Deputy Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Amy E. Alpaugh, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Chief Judge, and Deits and Riggs, Judges.

PER CURIAM

Convictions affirmed; remanded for resentencing for delivery of controlled substance.

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PER CURIAM

Defendant appeals his convictions for possession and delivery of controlled substances. ORS 475.992. He contends that the court erred in placing his conviction for delivery in crime seriousness category 6, rather than category 4. The state concedes that the court erred. We accept that concession. Defendant has withdrawn his other assignment of error.

Convictions affirmed; remanded for resentencing for delivery of controlled substance.

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