Opinion
No. 1541, CA 8212
Argued September 20, reversed and remanded October 4, reconsideration denied November 9, 1977, affirmed 283 Or. 449 (1978)
Appeal from Circuit Court, Hood River County.
Harry Devlin, Judge Pro Tempore.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were James A. Redden, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Before Schwab, Chief Judge, and Tanzer and Joseph, Judges.
Reversed and remanded.
The state appeals from an order of the trial court sustaining a demurrer to an information which read in pertinent part:
"That said WILLIAM CRAIG MEYER on or about the 11th day of March, 1977, in the County of Hood River, Oregon, then and there being, did knowingly and unlawfully possess marijuana, contraband, while confined in the Hood River County Jail, a correctional facility, contrary to the statutes in such case made and provided and against the peace and dignity of the State of Oregon."
ORS 162.135(1) and (2) read:
"(1) 'Contraband' means any article or thing which a person confined in a correctional facility, juvenile training school or state hospital is prohibited by statute, rule, regulation or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.
"(2) 'Correctional facility' means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. 'Correctional facility' does not include a juvenile training school, and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after acquittal of a crime by reason of mental disease or defect under ORS 161.295 to 161.380."
ORS 162.185 provides:
"(1) A person commits the crime of supplying contraband if:
"(a) He knowingly introduces any contraband into a correctional facility, juvenile training school or state hospital; or
"(b) Being confined in a correctional facility, juvenile training school or state hospital he knowingly makes, obtains or possesses any contraband.
"(2) Supplying contraband is a Class C felony."
The information alleges that marihuana was contraband. It follows that the information was sufficient as a matter of law to allege violation of ORS 162.185.
Reversed and remanded.