Legal Opinion

State v. Guzman

Court of Appeals of Oregon

Decided April 17, 1996No. C9307-34545; CA A83722PublishedCited by 12 opinions

1Opinion of the CourtLandau, J.

Defendant appeals her conviction for possession of a controlled substance. ORS 475.992(4). On our own motion, we vacate defendant’s conviction on the ground that the trial court was without authority to enter a conviction on a charge for which defendant was not indicted.

The pertinent facts are not disputed. Defendant was indicted by a grand jury as follows:

“COUNT
“DELIVERY OF A CONTROLLED SUBSTANCE
“The said defendant, on or about June 2, 1993, in the County of Multnomah, State of Oregon, did unlawfully and knowingly deliver cocaine, a controlled substance, listed in Schedule II, contrary to…

2Cases cited16 opinions

  1. Albrecht v. United StatesSupreme Court of the United States · 1927
  2. State v. WashingtonOregon Supreme Court · 1975
  3. Hawkins v. HawkinsOregon Supreme Court · 1972
  4. State v. SargentCourt of Appeals of Oregon · 1991
  5. Fox v. LasleyOregon Supreme Court · 1957

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. CookCourt of Appeals of Oregon · 1999
  2. State v. MaxwellCourt of Appeals of Oregon · 2000
  3. State v. LeeCourt of Appeals of Oregon · 2001
  4. State v. MurgaCourt of Appeals of Oregon · 2018
  5. State v. CrainCourt of Appeals of Oregon · 2001

7 more not listed; retrieve them via the Exa API.

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