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STATE v. McDANIEL

C090962CR; A143812.

283 P.3d 414 (2012)

251 Or. App. 345

STATE of Oregon, Plaintiff-Respondent, v. Jesse Wiliam McDANIEL, III, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 25, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Andrew M. Lavin , Assistant Attorney General, argued the cause for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Judge, and EGAN, Judge pro tempore.

BREWER, J.

Defendant appeals from his conviction for one count of unlawful possession of a Schedule I controlled substance, former ORS 475.840(3)(a) (2009), renumbered as ORS 475.752(3)(a) (2011). In his sole assignment of error, defendant asserts that the trial court erred in denying his motion for a judgment of acquittal because a police officer unlawfully induced him to engage in the charged conduct and, thus, the state did not disprove his defense...

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