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STATE v. DANIEL

05C48934; A132928.

193 P.3d 1021 (2008)

222 Or. App. 362

STATE of Oregon, Plaintiff-Respondent, v. Austin Tyler DANIEL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 24, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Timothy A. Sylwester, Attorney-In-Charge, Capital Cases, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

SCHUMAN, J.

Defendant appeals from a judgment of conviction for possession of a controlled substance, former ORS 475.992(4) (2003), renumbered as ORS 475.840(3) (2005), raising two assignments of error. First, he argues that the trial court lacked jurisdiction to enter a conviction for possession of a controlled substance because he was not charged with that offense in the indictment; rather, he was charged with delivery of a controlled...

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