State v. Hockersmith

Defendant appeals a judgment of conviction for possession of a controlled substance. ORS 475.992. He assigns error to the trial court’s failure to enter a judgment of acquittal. We affirm.

The relevant facts are undisputed. Defendant was charged with possession of a controlled substance. He filed a petition to enter a pretrial drug treatment program, which would have entitled him to dismissal of the charge with prejudice upon successful completion of the treatment program. The petition recited that, if he failed to complete the treatment program, defendant agreed to proceed to trial “based…