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STATE v. BEERS

No. CR020495; A122142.

125 P.3d 848 (2005)

203 Or. App. 460

STATE of Oregon, Respondent, v. Cameron Scott BEERS, Appellant.

Court of Appeals of Oregon.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, and Rebecca Duncan, Chief Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Benjamin R. Hartman, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant appeals a judgment of conviction for one count of driving while under the influence of intoxicants, ORS 813.010, and one count of possession of less than an ounce of marijuana, ORS 475.992(4)(f) (2003), amended by Or Laws 2005, ch 708, § 39. He assigns error to the denial of a motion for judgment of acquittal on the possession charge.

According to defendant, ORS 475.992(4)(f) (2003) prohibits the possession of "less than...

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