STATE v. MARTZ

10-88-04062; CA A61146.

795 P.2d 616 (1990)

103 Or.App. 105

STATE of Oregon, Respondent, v. Mattie Ann MARTZ, Appellant.

Court of Appeals of Oregon.

Decided August 8, 1990.


Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Michael Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

Defendant appeals her conviction for frequenting a place where controlled substances are used. ORS 167.222. She argues that the trial court lacked authority to enter a judgment of conviction for that crime, because it is not a lesser included offense of unlawful possession of a controlled substance, ORS 475.992, the only offense for which she was indicted. We reverse.

The state concedes that the elements of frequenting are not necessarily included...

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