(Download) "Oregon V. Moeller" by Court of Appeals of Oregon * Book PDF Kindle ePub Free
eBook details
- Title: Oregon V. Moeller
- Author : Court of Appeals of Oregon
- Release Date : January 06, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendants in these consolidated cases were charged with either possession, manufacture or delivery of controlled substances, in violation of ORS 475.992. The indictments charged, in addition to the underlying offenses, that the crimes "occurred as part of a drug cultivation, manufacture or delivery scheme or network" under OAR chapter 253, division 4, appendix 4 (the rule). See OAR 253-04-002(3).*fn1 Under the sentencing guidelines statutes and rules, that allegation increases the "crime-seriousness" rating of the charged offense and subjects a convicted defendant to a greater "presumptive sentence" than would be the case if the charged offense alone were found. ORS 137.120(2); OAR 253-08-001. Defendants demurred to the indictments on the ground, principally, that the quoted language in the rule is vague and therefore violates the state and federal constitutions. The trial court sustained the demurrers, and the state appeals from the "setting aside" of the indictments.*fn2
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