State v. Smith

Defendant appeals his conviction for supplying contraband while he was an inmate of the Oregon State Penitentiary. ORS 162.185. He challenges admission of the criminalist’s report submitted under ORS 475.235 and also contends that his sentence is unlawful. We affirm the conviction but remand for resentencing.

Defendant’s challenge to the admission of the report is answered adversely to his statutory and constitutional arguments by State v. Hancock, 111 Or App 92, 825 P2d 648, rev allowed 313 Or 354 (1992). There was no error.

Defendant was sentenced under the sentencing guidelines. He agrees…