State v. Bautista-Martinez
State v. Bautista-Martinez
Opinion of the Court
Defendant was convicted after a jury trial on one count of delivery of a controlled substance, former ORS 475.992(l)(b),
Although defendant did not advance such a challenge to the trial court, he argues that the sentence should be reviewed as plain error. We agree. See State v. Ramirez, 205 Or App 113, 133 P3d 343, adh’d to on recons, 207 Or App 1, 139 P3d 981 (2006). For the reason set forth in Ramirez, we exercise our discretion to correct the error. Because that error requires resentencing, we do not reach defendant’s remaining arguments concerning his sentences.
Sentences vacated; remanded for resentencing; otherwise affirmed.
ORS 475.992(l)(b) was renumbered ORS 475.840(l)(b) in 2005.
ORS 475.992(4)(b) was renumbered ORS 475.840(3)(b) in 2005.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.