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STATE v. EVILSIZER

C092367CR; A149334.

311 P.3d 983 (2013)

258 Or. App. 874

STATE of Oregon, Plaintiff-Respondent, v. Michelle Beth EVILSIZER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 9, 2013.

Attorney(s) appearing for the Case

Erik Blumenthal , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

Defendant, who worked as a nurse at a nursing home, was charged with tampering with drug records, ORS 167.212. The indictment alleged that she "ma[d]e and utter[ed] a false or forged prescription * * * for a controlled substance." At trial, the state presented evidence that defendant had written on a nursing-home resident's "medication administration record" (MAR) that she had given the resident three Oxycodone tablets when, in fact, she had given the...

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