State v. Daniel

Defendant appeals from a judgment of conviction for possession of a controlled substance, former ORS 475.992(4) (2003), renumbered as ORS 475.840(3) (2005), raising two assignments of error. First, he argues that the trial court lacked jurisdiction to enter a conviction for possession of a controlled substance because he was not charged with that offense in the indictment; rather, he was charged with delivery of a controlled substance. Second, he argues that, under State v. Birchfield, 342 Or 624, 157 P3d 216 (2007), the trial court erred in admitting a laboratory report without testimony…