State v. Deptuch

In his petition for reconsideration, defendant persuades us that we erred when we stated that the error that he assigned to the giving of a jury instruction did not apply to his conviction for unlawful possession of a controlled substance. ORS 475.992(4)(b). He had also been convicted of conspiracy to deliver a controlled substance, ORS 475.992(1) (b), and unlawful possession of a weapon. ORS 166.250. On appeal, we reversed the conviction for conspiracy and affirmed the other two convictions. State v. Deptuch, 95 Or App 54, 767 P2d 471 (1989). We grant the petition, consider that assignment…