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STATE v. WAGNER

A175622.

524 P.3d 564 (2022)

323 Or. App. 369

STATE of Oregon, Plaintiff-Respondent, v. John Henry WAGNER, Defendant-Appellant.

Court of Appeals of Oregon.

December 29, 2022.

Attorney(s) appearing for the Case

Bruce A. Myers, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Carson L. Whitehead, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Aoyagi, Judge.

For wasting the meat of two elk, defendant, a member of the Confederated Tribes of the Umatilla (the tribe), was found guilty of two misdemeanor violations of the wildlife law. ORS 496.992(1); ORS 498.042(3); OAR 635-065-0750. On appeal, he asserts that his conduct occurred in the exercise of treaty hunting rights, such that the Oregon...

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