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STATE v. DAVIS

064367; A138369.

225 P.3d 150 (2010)

233 Or. App. 506

STATE of Oregon, Plaintiff-Respondent, v. Marci Lorene DAVIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 3, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Meredith Allen, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

PER CURIAM.

Defendant was convicted of manufacturing methamphetamine, ORS 475.886; possession of methamphetamine, ORS 475.894; theft in the first degree, ORS 164.055; and theft in the second degree, ORS 164.045.

On appeal, defendant argues that the state was required to prove that defendant had a culpable mental state with respect to the pertinent elements of the theft charges. More specifically, defendant argues that the state was required to prove that defendant...

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