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STATE v. SELNESS

(CC C95-02-31042, C95-02-31043; CA A89706 (control), A89707; SC S46149)

54 P.3d 1025 (2002)

334 Or. 515

STATE of Oregon, Respondent on Review, v. Ronald Wayne SELNESS, Petitioner on Review. State of Oregon, Respondent on Review, v. Cynthia Lavonne Miller, Petitioner on Review.

Supreme Court of Oregon.

Decided September 19, 2002.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Deputy Public Defender, Salem, argued the cause for petitioners on review. With him on the brief was David E. Groom, State Public Defender.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

GILLETTE, J.

In this criminal case, we are asked to determine whether a trial court correctly dismissed indictments charging defendants with various counts of possession, manufacture, and delivery of a controlled substance. The trial court dismissed the indictments on the ground that prosecution of the charges in the indictments would violate principles against former jeopardy, because the state already had subjected defendants...

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