STATE v. VALDOVINOS, 113 Or. App. 382 (1992)

830 P.2d 638

STATE OF OREGON, Respondent, v. ESTANISLAO VALDEZ VALDOVINOS, Appellant.

9005-32899: CA A67277Oregon Court of Appeals.Submitted on record and briefs March 16, 1992
Convictions affirmed; remanded for resentencing June 3, 1992

Appeal from Circuit Court, Multnomah County.

Stephen S. Walker, Judge.

Elliot Holden, Portland, filed the brief for appellant.

Charles S. Crookham, 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

Convictions affirmed; remanded for resentencing.

Page 383

PER CURIAM

Defendant was charged with delivery and possession of a controlled substance, ORS 475.992, both as part of a drug cultivation, manufacture or delivery scheme or network. He was sentenced under the sentencing guideline that involves a “scheme or network” factor. The state concedes that the sentence was 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. Because defendant challenges only the sentence imposed, we remand for resentencing.

Convictions affirmed; remanded for resentencing.

Page 384