State v. Guzman
Court of Appeals of Oregon
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
- Albrecht v. United StatesSupreme Court of the United States · 1927
- State v. WashingtonOregon Supreme Court · 1975
- Hawkins v. HawkinsOregon Supreme Court · 1972
- State v. SargentCourt of Appeals of Oregon · 1991
- Fox v. LasleyOregon Supreme Court · 1957
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. CookCourt of Appeals of Oregon · 1999
- State v. MaxwellCourt of Appeals of Oregon · 2000
- State v. LeeCourt of Appeals of Oregon · 2001
- State v. MurgaCourt of Appeals of Oregon · 2018
- State v. CrainCourt of Appeals of Oregon · 2001
7 more not listed; retrieve them via the Exa API.