Opinion
C900254CR; CA A65847
Argued and submitted August 14, 1991.
Reversed and remanded dismiss indictment October 2, 1991
Appeal from Circuit Court, Washington County, Jon B. Lund, Judge.
David E. Groom, Portland, argued the cause and filed the brief for appellant.
Jas. Adams, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.
PER CURIAM
Reversed and remanded with instructions to dismiss indictment.
Defendant was indicted for delivery of a controlled substance and possession of a controlled substance as "part of a drug cultivation, manufacture or delivery scheme or network." He demurred to the indictment. The demurrer was overruled. His motion to suppress evidence was denied, and he was convicted of both charges.
The court erred by overruling the demurrer. State v. Moeller, 105 Or. App. 434, 806 P.2d 130, rev allowed 311 Or. 349, rev dismissed 312 Or. 76, 815 P.2d 701 (1991). Because the demurrer should have been granted, the other claims of error are moot.