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STATE v. LOPEZ

0500817CR; A129880.

193 P.3d 985 (2008)

222 Or. App. 176

STATE of Oregon, Plaintiff-Respondent, v. Ramiro Dane LOPEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 3, 2008.

Attorney(s) appearing for the Case

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

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and RIGGS, Senior Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction, based on a conditional plea of guilty, for one count of delivery of a controlled substance, former ORS 475.992(1) (1995), renumbered as ORS 475.840(1) (2005).1 He assigns error to the trial court's denial of his motion to dismiss the charging instrument on the basis of former jeopardy, Article I, section 12, of the Oregon Constitution. For the reasons explained below...

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