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STATE v. HANKINS

C002213CR; A115703.

93 P.3d 826 (2004)

194 Or.App. 140

STATE of Oregon, Respondent, v. Jerry Dale HANKINS, Appellant.

Court of Appeals of Oregon.

Decided July 8, 2004.

Attorney(s) appearing for the Case

Rankin Johnson IV, Deputy Public Defender, argued the cause for appellant. With him on the opening brief was David E. Groom, Acting Executive Director, Office of Public Defense Services. With him on the reply brief was Peter A. Ozanne, Executive Director.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

ARMSTRONG, J.

Defendant appeals his convictions on four counts of delivery of marijuana to a minor. ORS 475.995. He contends that the trial court erred in denying his motion for judgment of acquittal on those counts. According to defendant, the indictment failed to allege in each of the counts essential elements of the offense, which were that he was at least 18 years old and three years older than the minor to whom he delivered marijuana. We affirm.

Defendant...

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