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STATE v. GUZMAN

C9307-34545; CA A83722.

914 P.2d 1120 (1996)

140 Or. App. 347

STATE of Oregon, Respondent, v. Loretta Lee GUZMAN, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1996.

Attorney(s) appearing for the Case

Daniel C. Lorenz, Portland, argued the cause for appellant. With him on the brief was Todd R. Worthley.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Harrison Latto, Assistant Attorney General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Defendant appeals her conviction for possession of a controlled substance. ORS 475.992(4). On our own motion, we vacate defendant's conviction on the ground that the trial court was without authority to enter a conviction on a charge for which defendant was not indicted.

The pertinent facts are not disputed. Defendant was indicted by a grand jury as follows:

"COUNT 1

"DELIVERY...

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