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STATE v. DAVIES

90CR0349; CA A67352.

825 P.2d 662 (1992)

111 Or.App. 641

STATE of Oregon, Respondent, v. Craig Alan DAVIES, Appellant.

Court of Appeals of Oregon.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Alan H. Biedermann, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Michael M. Pacheco, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

PER CURIAM.

Defendant was convicted, on his plea of no contest, of delivery of a controlled substance. ORS 475.992. He was placed on probation. Defendant contends, and the state concedes, that special condition of probation number 5 does not comply with ORS 137.540(2)(k). We accept the concession.

Conviction affirmed; special condition of probation number 5 vacated; remanded for...

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