Submitted September 27, 2017
County Circuit Court 14CR08812, David E. Delsman, Judge.
G. Lannet, Chief Defender, Criminal Appellate Section, and
David Sherbo-Huggins, Deputy Public Defender, Offce of Public
Defense Services, fled the brief for appellant.
F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor
General, and Timothy A. Sylwester, Assistant Attorney
General, fled the brief for respondent.
Ortega, Presiding Judge, and Garrett, Judge, and Powers,
Summary: Defendant appeals from a judgment of conviction
entered after he conditionally pleaded no contest to delivery
of marijuana to a minor, possession of methamphetamine, felon
in possession of a firearm, felon in possession of a
restricted weapon, and endangering the welfare of a minor.
Defendant argues that the trial court erred by denying his
demurrer because the indictment did not substantially conform
to the requirements of ORS 132.560. Held: The trial
court erred in denying defendant's demurrer. The
indictment neither alleged joinder in the language of ORS
132.560 nor "facts sufficient to establish compliance
with the joinder statute." State v. Poston, 277
Or.App. 137, 145, 370 P.3d 904 (2016), adh'd to on
recons, 285 Or.App. 750, 399 P.3d 488, rev den,
361 Or. 886 (2017).
Or.App. 563] POWERS, J.
appeals from a judgment of conviction entered after a
conditional no-contest plea for delivery of marijuana to a
minor, former ORS 475.860(4)(a) (2014), repealed
by Or Laws 2017, ch 21, § 126; possession of
meth-amphetamine, ORS 475.894; felon in possession of a
firearm, ORS 166.270(1); felon in possession of a restricted
weapon, ORS 166.270(2); and endangering the welfare of a
minor, ORS 163.575(2). Defendant argues that the trial court
erred by denying his demurrer because the indictment did not
conform with ORS 132.560, which requires that a charging
instrument meet certain conditions when more than one offense
is charged. We conclude that the trial court erred in denying
defendant's demurrer. Consequently, we reverse and
review for legal error the trial court's denial of a
demurrer to an indictment. State v. Marks, 286
Or.App. 775, 780, 400 P.3d 951 (2017).
indictment in this case includes charges stemming from a
report that defendant gave marijuana to his daughter, K.
Officers responded to the report, which eventually led to the
search of defendant's home and the discovery of
marijuana, methamphetamine, and weapons.
was indicted as follows:
"COUNT 1. The defendant, on or between January 1, 2014
and June 4, 2014, in Linn County, Oregon, did unlawfully and
knowingly deliver marijuana to a person under 18 years of age
and the defendant was at least 18 years of age and at least
three years older than the person to whom the marijuana was
"COUNT 2. The defendant, on or about June 4, 2014, in
Linn County, Oregon, did unlawfully and knowingly possess