STATE v. DAVE

F040734; A132102.

176 P.3d 424 (2008)

217 Or. App. 509

STATE of Oregon, Plaintiff-Respondent, v. Sandra Rose DAVE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 23, 2008.


Attorney(s) appearing for the Case

Ernest G. Lannet argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Legal Services Division, Office of Public Defense Services.

Paul L. Smith argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and RIGGS, Senior Judge.


PER CURIAM.

Defendant was convicted of unlawful possession of a Schedule II controlled substance. Former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). On appeal, defendant argues that the trial court erred in denying her motion in limine to exclude a crime laboratory report on the ground that ORS 475.235 unconstitutionally shifted the burden of production to defendant. The state concedes that, under State v. Birchfield, ...

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