Court of Appeals of Oregon, 2008

State v. Smith

State v. Smith
Court of Appeals of Oregon · Decided September 10, 2008 · Armstrong, Haselton, Rosenblum
222 Or. App. 325; 193 P.3d 61; 2008 Ore. App. LEXIS 1193

State v. Smith

Opinion of the Court

PER CURIAM

Defendant appeals his conviction for possession of a controlled substance, former ORS 475.992(4) (2003), renumbered as ORS 475.840(3) (2005), arguing that the trial court erred in admitting into evidence a laboratory report pursuant to ORS 475.235 identifying as methamphetamine a substance found during a search of defendant. In this case, the laboratory report was the only evidence admitted at trial concerning the nature of the substance. The state concedes that defendant is entitled to a reversal in light of the holding of State v. Birchfield, 342 Or 624, 157 P3d 216 (2007). We agree and accept the state’s concession.

Reversed and remanded.

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