State v. Zavala-Ramos

Defendant was convicted of delivery of a controlled substance (cocaine). ORS 475.992. The presentence investigation report stated that he had been deported twice and was currently on an Immigration and Naturalization Service hold. It also showed previous arrests for drug charges, failure to appear, contempt charges and driving under the influence of intoxicants. His placement was 4-G on the sentencing guidelines grid, which has a presumptive probationary sentence. The court imposed a dispositional departure sentence of 12 months in prison. OAR 253-08-005. Defendant argues that the sentence is…