STATE v. EGELAND

100494CR; A148669.

320 P.3d 657 (2014)

260 Or. App. 741

STATE of Oregon, Plaintiff-Respondent, v. Shannon D. EGELAND, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 29, 2014.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Stephanie J. Hortsch , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Carson L. Whitehead , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


EGAN, J.

Defendant appeals a judgment of conviction for unlawful delivery of a controlled substance within 1,000 feet of a school, ORS 475.904, and one count of unlawful delivery of a controlled substance, former ORS 475.840(1)(c) (2009), renumbered as 475.752(1)(c) (2011). Defendant asserts that the trial court erred by refusing to give his requested jury instruction and argues that the error was not harmless. The state concedes the error, but argues...

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