STATE v. MYERS

91D-104093; CA A72053.

847 P.2d 884 (1993)

118 Or. App. 388

STATE of Oregon, Respondent. v. Stephen Robert MYERS, Appellant.

Court of Appeals of Oregon.

Decided March 3, 1993.


Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

Defendant appeals his conviction for frequenting a place where controlled substances are used. ORS 167.222(1). He contends that the trial court erred in denying his motion for a judgment of acquittal. We reverse.

On July 31, 1991, Officers Corson and Moore executed a search warrant at defendant's residence.1 During the search, the officers found drug paraphernalia2 locked in...

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