State v. Moeller

Defendants in these consolidated cases were charged with either possession, manufacture or delivery of controlled substances, in violation of ORS 475.992. The indictments charged, in addition to the underlying offenses, that the crimes “occurred as part of a drug cultivation, manufacture or delivery scheme or network” under OAR chapter 253, division 4, appendix 4 (the rule). See OAR 253-04-002(3). Under the sentencing guidelines statutes and rules, that allegation increases the “crime-seriousness” rating of the charged offense and subjects a convicted defendant to a greater “presumptive…