In Re Complaint as to the Conduct of Drakulich

702 P.2d 1097, 299 Or. 417, 1985 Ore. LEXIS 1364

Opinions

PER CURIAM

This attorney discipline case presents the same issue decided this date in In re Chase, 299 Or 391, 702 P2d 1082 (1985), that is, whether the conviction of the attempted possession of a controlled substance (cocaine) is a misdemeanor involving moral turpitude. The Disciplinary Review Board in Chase concluded that the conviction was for a crime involving moral turpitude but in this case the Disciplinary Review Board concluded that it was not.

It is not necessary to set out the facts of this case because, as we decided in Chase, the facts and circumstances of an individual case are not significant in determining whether a crime involves moral turpitude under ORS 9.527(2). We look only to the record of the conviction.

For the reasons stated in Chase, we hold that the accused’s conviction of attempted possession of a controlled substance is not a crime involving moral turpitude.

Complaint dismissed.