STATE v. DURHAM

08C51760; A142250.

263 P.3d 1030 (2011)

245 Or. App. 58

STATE of Oregon, Plaintiff-Respondent, v. Robert Alton DURHAM, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 17, 2011.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Stacey RJ Guise , Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


WOLLHEIM, J.

After the trial court ruled that defendant was not eligible for a marijuana diversion program, defendant pleaded guilty to possession of less than one ounce of marijuana within 1,000 feet of a school, ORS 475.864(4). On appeal, defendant contends that the trial court erred in concluding that he was not eligible for diversion. We affirm.

The relevant facts are few and undisputed. Defendant was charged with, inter alia, possession, in a public...

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