State v. Hathaway

Defendant appeals her conviction for delivery of a controlled substance. ORS 475.992. She assigns as error the court’s denial of her pretrial motion to dismiss the indictment on the ground of former prosecution. She argues that her previous entry of a guilty plea to another indictment for delivery of a controlled substance barred her prosecution under both ORS 131.515(2) and Article I, section 12, of the Oregon Constitution. We affirm.

The parties stipulated to the facts. During the week of April 27, 1984, an undercover agent ordered a gram of cocaine from defendant. Early on May 7, 1984, the…