State v. Hennings

The Supreme Court has remanded this case, 320 Or 500, 887 P2d 788 (1995), for reconsideration in the light of State v. Kephart, 320 Or 443, 887 P2d 774 (1994), and State v. Martin, 320 Or 448, 887 P2d 782 (1994). We determine that defendant’s claim of error is reviewable and remand for resentencing.

Pursuant to a plea bargain, defendant pled guilty to theft and to two counts of unlawful delivery of a controlled substance. The state dismissed the remaining charges of the eight-count indictment. On one count of delivery, the parties reserved for hearing the allegations that would establish the…