Court of Appeals of Oregon, 1992

State v. Baker

State v. Baker
Court of Appeals of Oregon · Decided April 22, 1992 · Deits, Joseph, Richardson
112 Or. App. 634; 828 P.2d 1061; 1992 Ore. App. LEXIS 766

State v. Baker

Opinion of the Court

PER CURIAM

Defendant was convicted of possession and delivery of controlled substances, ORS 475.992, both as “part of a drug cultivation, manufacture or delivery scheme or network.”

Defendant argues that the two convictions should have been merged. She did not raise that issue at sentencing, and we decline to address it.

She also contends that, because the scheme or network criterion is unconstitutionally vague, her sentences under the guidelines are unlawful. State v. Moeller, 105 Or App 434, 806 P2d 130, rev dismissed 312 Or 76, 815 P2d 701 (1991). The state concedes, correctly, that the court erred in that respect.

Convictions affirmed; remanded for resentencing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.