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STATE v. SCHWAB

07C50644; A139336.

227 P.3d 1182 (2010)

234 Or. App. 43

STATE of Oregon, Plaintiff-Respondent, v. Cynthia Lynn SCHWAB, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 3, 2010.

Attorney(s) appearing for the Case

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

Anna Marie Joyce argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Greg Rios, Assistant Attorney General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

Defendant, who was convicted of delivery of marijuana for consideration, ORS 475.860(2), argues on appeal that the trial court erred in instructing the jury on the elements of the charge and in imposing a departure sentence. We reject without discussion defendant's challenge to the departure sentence. As explained below, we conclude that the trial court's jury instruction was not erroneous. Accordingly, we affirm.

We review to determine whether...

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