State v. Ferguson

Defendant was convicted of delivery of a controlled substance and possession of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). He appeals the trial court’s judgment revoking his probation and sentencing him to incarceration terms of 21 months and six months, respectively, for those offenses. Specifically, defendant takes issue with the 21-month sentence on the conviction for delivery of a controlled substance, arguing that the court erred in concluding that it had authority to impose the sentence authorized by OAR 213-010-0002(2) and ORS 137.545(5)(b),…