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STATE v. CLARK

CF87-100, CF87-99; CA A44292 (Control), CA A44443.

779 P.2d 215 (1989)

98 Or.App. 478

STATE of Oregon, Respondent, v. Jeffrey R. CLARK, Appellant.

Court of Appeals of Oregon.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant appeals his conviction for possession of a controlled substance and two convictions for delivery of a controlled substance. ORS 475.992(1)(b); ORS 475.992(4). The cases are consolidated on appeal but were tried separately. In case number 87-99, defendant was convicted of delivery and possession of a controlled substance. In case number 87-100, he was convicted of delivery of a controlled substance.

In his first assignment of error,...

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