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STATE v. JOHNSON

C900879CR; A127252.

143 P.3d 249 (2006)

207 Or. App. 694

STATE of Oregon, Appellant, v. Roger Glen JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided September 13, 2006.

Attorney(s) appearing for the Case

Seann C. Colgan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and LEONARD, Judge pro tempore.

HASELTON, P.J.

The state appeals from an order setting aside defendant's 1990 conviction for delivery of a controlled substance (cocaine), as part of a scheme or network, former ORS 475.992(1)(b) (1989),1 and the records of defendant's arrest on that charge.2 ORS 137.225. The state contends that the trial court here erroneously determined that, at the time of defendant's conviction, his crime was "punishable...

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