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STATE OF OREGON, Respondent, v. FLORENCIO ANDRADE-TORRES, Appellant.

PER CURIAM

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.

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STATE v. ANDRADE-TORRES
(Oct 2, 1991)