State v. McSweeney

Defendant pled guilty to two counts of endangering the welfare of a minor. ORS 163.575. She was placed on formal probation for 18 months. The issue is whether the court erred in imposing a special condition of probation requiring defendant to

“refrain from knowingly associating with persons who use or possess controlled substances illegally, or from frequenting places where such substances are kept or sold. May reside with spouse unless he returns to drug use.”

Defendant contends that the portion of the condition that refers to her spouse “impermissibly impinges upon” her right of marriage.

Havin…