STATE v. SALINAS, 111 Or. App. 390 (1992)

824 P.2d 430

STATE OF OREGON, Respondent, v. EULALEO SARATEL SALINAS, Appellant.

90-04-32535; CA A67882Oregon Court of Appeals.Submitted on record and briefs November 6, 1991
Conviction affirmed and remanded for resentencing February 12, 1992

Appeal from Circuit Court, Multnomah County.

Harl H. Haas, 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 Joseph, Chief Judge, and Deits, Judge.

PER CURIAM

Conviction affirmed; remanded for resentencing.

Page 391

PER CURIAM

Defendant was convicted, after trial to the court, of delivery of a controlled substance. ORS 475.992. The indictment included an allegation that delivery occurred as part of a drug cultivation, manufacture or delivery scheme or network. The state concedes that the sentence was improper and that the case should be remanded for resentencing. 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.

Conviction affirmed; remanded for resentencing.

Page 392