STATE v. GUIDO, 111 Or. App. 132 (1992)

822 P.2d 760

STATE OF OREGON, Respondent, v. GREGORY A. GUIDO, Appellant.

90CR2288, 90CR2108; CA A67678Oregon Court of Appeals.Submitted on record and briefs December 19, 1991
Reversed and remanded with instructions to dismiss indictment in 90CR2108; judgment reversed in part and remanded with instructions in 90CR2288; otherwise affirmed January 22, 1992 Reconsideration denied April 15, 1992 Petition for review allowed August 25, 1992 (314 Or. 175) See later issue Oregon Reports

Appeal from Circuit Court, Coos County.

Richard Barron, Judge.

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 Deits and Durham, Judges.

PER CURIAM

Reversed and remanded with instructions to dismiss indictment in case number 90CR2108, State v. Andrade-Torres, 109 Or. App. 153, 817 P.2d 296 (1991); judgment in case number 90CR2288, reversed and remanded with instructions to dismiss Count 1, conspiracy to deliver controlled substance — methamphetamine — as part of a drug cultivation, manufacture or delivery scheme or network, Count 2, conspiracy to manufacture controlled substance — methamphetamine — as part of a drug cultivation, manufacture or delivery scheme or network, and Count 3, possession of a controlled substance — methamphetamine — as part of a drug cultivation, manufacture or delivery scheme or network; otherwise affirmed.

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