STATE v. McNEELY

075431; A138283.

238 P.3d 1010 (2010)

237 Or. App. 54

STATE of Oregon, Plaintiff-Respondent, v. Jason Daniel McNEELY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 1, 2010.


Attorney(s) appearing for the Case

Erin K. Galli and Chilton & Galli, LLC, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Katherine H. Waldo , Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and SERCOMBE, Judge.


LANDAU, P.J.

Defendant was charged with possession of methamphetamine, based on laboratory testing of residue found on items seized by police from the house where he had been staying. At trial, defendant's theory was that the items found at the house belonged to someone else. The state introduced a lab report on the residue without calling the criminalist who prepared it to testify. Defendant did not object to the admission of the report and did not challenge the...

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