State v. Talamantes

Defendant appeals from the imposition of an upward dispositional departure sentence. We remand for resen-tencing.

Defendant, an illegal alien, was convicted of delivery and possession of a controlled substance, ORS475.992(1) and (4), while he was on post-prison supervision. Before his present conviction, defendant had been convicted of first degree burglary, ORS 164.225, first degree theft, ORS 164.055, and delivery of a controlled substance, ORS 475,992(1), and had been deported to Mexico following each conviction.

At the sentencing proceeding, the court gave the following reasons for…