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STATE v. LIECHTI

21-03-03751; A123373.

123 P.3d 350 (2005)

202 Or. App. 649

STATE of Oregon, Respondent, v. Sean Adam Nelson LIECHTI, Appellant.

Court of Appeals of Oregon.

Decided November 16, 2005.

Attorney(s) appearing for the Case

Brian Michaels, Eugene, argued the cause for appellant. With him on the opening brief was Lauren Regan. On the reply brief was Brian Michaels.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before WOLLHEIM, Presiding Judge, and EDMONDS and SCHUMAN, Judges.

SCHUMAN, J.

Defendant pleaded guilty to driving under the influence of intoxicants (DUII), ORS 813.010(1). On appeal, he contends that one of the special conditions of probation imposed by the trial court judge — that he turn in his Oregon Medical Marijuana Program (OMMP) card and not use marijuana during his probation-was unlawful. We conclude that, regardless of the merits of his claim, we may not modify the judgment as he requests because doing so would...

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