State v. Rothman

In this criminal case, defendant appeals from convictions for possession and delivery of a controlled substance. She assigns several errors, only one of which requires discussion. In that assignment she maintains that inasmuch as two separate statutes, one with felony consequences (ORS 475.992(1))1 and one with misdemeanor consequences (ORS 689.995(1)),2 proscribe the specific conduct of which she was convicted, she is entitled to have the charges against her dismissed or, at most, she is subject to conviction only for a misdemeanor. She is incorrect.

The full answer to defendant’s theory is…