State v. Graves

Defendant was convicted of forgery in the first degree. He argues on appeal that the trial court erred by denying his motion for drug diversion pursuant to ORS 430.450 et seq and ORS 135.881 et seq. We affirm.

Prior to trial, defendant moved the court for drug diversion in lieu of prosecution. A hearing was held on the motion, at which time the district attorney informed the court that defendant did not qualify for diversion. The court denied the motion.

Defendant argues first that the diversion statutes confer upon drug-dependent defendants a right to choose treatment in lieu of prosecution.…