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STATE v. FRIES

(CC 03CR0773; CA A124253; SC S055136).

185 P.3d 453 (2008)

344 Or. 541

STATE of Oregon, Respondent on Review, v. Thomas Patrick FRIES, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided May 30, 2008.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, and Anne Fujita Munsey, Senior Deputy Public Defender, Office of Public Defense Services, Legal Services Division.

Janet Klapstein, Senior Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

KISTLER, J.

The issue in this case is whether defendant possessed marijuana when he helped a friend move marijuana plants from one place to another. Defendant has argued that, because he was moving the plants at his friend's direction, he did not possess them. The trial court held otherwise and entered a judgment of conviction for possessing marijuana. A divided en banc Court of Appeals affirmed. State v. Fries, 212 Or.App. 220

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