Legal Opinion

State v. Harper

Court of Appeals of Oregon

Decided July 17, 2019No. A166154PublishedCited by 1 opinion

1Per curiam

*543Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, she challenges her sentence. In her first assignment of error, defendant, who holds a medical marijuana registry card, asserts that the trial court erred in imposing a special condition of probation that she "shall be allowed to use medical marijuana only if prescribed by a doctor." Defendant argues that imposition of that condition was improper under ORS 137.542(2)1 and State v. Bowden , 292 Or App 815, 425 P.3d 475 (2018), in which we held that

"the legislature has provided an exception to…

2Cases cited3 opinions

  1. State v. BowdenCourt of Appeals of Oregon · 2018
  2. State v. Moreno-HernandezOregon Supreme Court · 2019
  3. State v. HuritaCourt of Appeals of Oregon · 2016

3Cited by1 opinion

  1. State v. NewtonCourt of Appeals of Oregon · 2020

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