State v. Sebastian

In case number A68093, pursuant to a plea agreement, defendant pled guilty to delivering a controlled substance as part of a drug cultivation, manufacture or delivery scheme or network. ORS 475.992. He assigns error to the sentence imposed.1

Defendant argued that the trial court miscalculated the crime seriousness level under the sentencing guidelines, because it applied the provisions for “scheme or network” crimes found unconstitutional in State v. Moeller, 105 Or App 434, 806 P2d 130, rev dismissed 312 Or 76, 815 P2d 701 (1991). See ORS 138.222(4)(b). He also argues that, because the court…