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STATE v. WATCHMAN

533 P.2d 361 (1975)

STATE of Oregon, Respondent, v. Francis Xavier WATCHMAN, Appellant.

Court of Appeals of Oregon.

Decided March 31, 1975.

Rehearing Denied May 14, 1975.

Review Denied May 20, 1975.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, filed the brief for appellant.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, appeared for respondent.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

Submitted on Record and Appellant's Brief March 20, 1975.

SCHWAB, Chief Judge.

Depending upon the circumstances, the penalty for criminal activity in drugs, ORS 167.207, ranges from a maximum of a $100 fine to a maximum of 20 years' imprisonment. Here the defendant was convicted of the most serious form of this offense:

"* * * [I]f the defendant is 18 years of age or over and the conviction is for furnishing a narcotic or dangerous drug to a person...

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