State v. Rubio-Landa

Defendant appeals his convictions for delivery and possession of a controlled substance. ORS 475.992. The indictment charged, in addition to possession and delivery, that the crimes “occurred as part of a drug cultivation, manufacture, or delivery scheme or network” under OAR chapter 253, division 4, appendix 4. Defendant filed a demurrer, asserting, in part, that the “scheme or network” language is vague and in violation of the Oregon Constitution, Article I, section 20. In State v. Moeller, 105 Or App 434, 806 P2d 130, rev dismissed 312 Or 76 (1991), we held that the “scheme or network”…