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STATE v. HOLMES

522 P.2d 900 (1974)

STATE of Oregon, Respondent, v. Lynn Alan HOLMES, Appellant.

Court of Appeals of Oregon.

Decided May 28, 1974.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

Defendant was charged with two counts of criminal activity in drugs. ORS 167.207. Count I of the indictment alleged knowing and unlawful possession of amphetamine, and Count II alleged knowing and unlawful possession of less than one ounce of marijuana. Following a verdict of guilty on both counts, defendant was sentenced to three years' imprisonment on Count I and sixty days' imprisonment (suspended for one year) on Count II.

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