STATE v. FRY

01CR1790FE; A116769.

80 P.3d 506 (2003)

191 Or. App. 90

STATE of Oregon, Respondent, v. Michael Lee FRY, Appellant.

Court of Appeals of Oregon.

Decided November 26, 2003.


Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Kathleen Cegla, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and SCHUMAN and WOLLHEIM, Judges.


SCHUMAN, J.

Police officers encountered defendant and three companions sitting in a parked car. Also in the car were three syringes that contained methamphetamine residue, as well as several syringes and a drug preparation kit that were not tested. At trial, after the court denied defendant's motion for a judgment of acquittal and his motion to compel the state to specify which syringe or syringes he allegedly possessed, defendant was convicted of possession of a...

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