State v. Morales-Aguilar

This case is before us for a second time. Defendant was convicted of two counts of possession of a controlled substance (PCS) and one count of delivery of a controlled substance (DCS) as part of a “scheme or network.” ORS 475.992. In our opinion, we reversed and remanded the conviction for DCS with instructions to dismiss the indictment. 114 Or App 432, 833 P2d 1381 (1992). In State v. Ferrell, 315 Or 213, 843 P2d 939 (1993), the Supreme Court held that the remedy was not dismissal of the indictment but, rather, affirmance of the conviction on the underlying drug offense and remand to the…