State v. Coven

*540RIGGS, J.

The state seeks reconsideration of our decision ordering the trial court to dismiss the indictment. State v. Coven, 112 Or App 657, 828 P2d 1063 (1992). We allow reconsideration and modify our opinion.

A three-count indictment charged defendant with one count of unlawful delivery of a controlled substance, ORS 475.992(1), one count of unlawful possession of a controlled substance, ORS 475.992(4), and one count of endangering the welfare of a minor. ORS 163.575. Each drug count included an allegation that defendant committed the crime “as part of a drug cultivation, manufacture or…