Legal Opinion
State v. Downes
Court of Appeals of Oregon
Decided December 12, 1977No. 76-4041, CA 7803PublishedCited by 20 opinions
1Opinion of the CourtButtler, J.
Defendant appeals from a judgment on two convictions: one for criminal activity in drugs by possession, ORS 167.207, 1 and the other for criminal use of drugs, ORS 167.217. 2 For the purpose of sentencing, the convictions were merged and defendant was sentenced to an indeterminate term of four years.
The convictions arose out of one incident, witnessed by an undercover officer, which consisted of another person’s injecting into defendant’s arm a "controlled substance” later identified as phencyclidine (POP). Under these facts, it is contended that defendant was not only guilty of using the…
2Cases cited6 opinions
- State v. WoolardOregon Supreme Court · 1971
- State v. WoolardOregon Supreme Court · 1971
- State v. WelchOregon Supreme Court · 1973
- State v. MartinCourt of Appeals of Oregon · 1973
- State v. WebberCourt of Appeals of Oregon · 1973
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3Cited by20 opinions
- United States v. Theophilus BlackstonCourt of Appeals for the Third Circuit · 1991
- State v. HornadayWashington Supreme Court · 1986
- State v. FlinchpaughSupreme Court of Kansas · 1983
- Employment Division, Department of Human Resources v. SmithSupreme Court of the United States · 1988
- State v. LewisCourt of Appeals of Minnesota · 1986
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