STATE v. FREDERICKSON

86-1391; CA A45513.

757 P.2d 1366 (1988)

92 Or.App. 223

STATE of Oregon, Respondent, v. Renee Carol FREDERICKSON, Appellant.

Court of Appeals of Oregon.

Decided July 20, 1988.


Attorney(s) appearing for the Case

David L. Rich, Hillsboro, argued the cause for appellant. With him on the brief was Rich & Nachtigal, Hillsboro.

Leslie Westphal, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and GRABER, JJ.


GRABER, Judge.

Defendant appeals her conviction for delivery of a controlled substance. ORS 475.992(1). She argues that the trial court erroneously construed the statutes defining "delivery" and that, properly construed, they do not permit her conviction. We reverse the conviction for delivery but hold that defendant is guilty of attempted possession of a controlled substance.

The trial court found the following facts, which are supported by the evidence....

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