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STATE v. CASTILLEJA

(CC CR030092; CA A127255 (Control)); (CC CR030093; CAA127256; SC S055472).

192 P.3d 1283 (2008)

345 Or. 255

STATE of Oregon, Petitioner on Review, v. Amber Serenity CASTILLEJA, Respondent on Review. State of Oregon, Petitioner on Review, v. Michael Santos Castilleja, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 18, 2008.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Ryan T. O'Connor, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review Amber Serenity Castilleja. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Leland R. Berger, Portland, argued the cause and filed the brief for respondent on review Michael Santos Castilleja.

Wayne Mackeson, Portland, filed the brief for amicus curiae the Oregon Criminal Defense Lawyers Association.

John C. Lucy IV, Portland, filed the brief for amicus curiae the National Organization for the Reform of Marijuana Laws.

GILLETTE, J.

This is a criminal case in which the defendants, who are husband and wife, were charged in a single indictment with unlawful manufacture of marijuana, unlawful possession of a controlled substance (marijuana), and both unlawfully neglecting and unlawfully endangering their two children by permitting them to remain on premises where the alleged illegal acts involving marijuana had occurred. The indictment further charged defendant Michael Castilleja individually...

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