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STATE v. ADAIR

No. C 77-09-12358; CA 10161.

582 P.2d 50 (1978)

35 Or.App. 645

STATE of Oregon, Respondent, v. Thomas Wayne ADAIR, Appellant.

Court of Appeals of Oregon.

Decided August 8, 1978.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

Defendant was indicted for and convicted of criminal activity in drugs and sentenced to five years' imprisonment. By a separate count in the same indictment he was charged with the felony of carrying a dangerous weapon, ORS 166.220. As a result of a plea bargain accepted by the trial court, defendant was allowed to plead guilty to the lesser-included offense of attempting to carry a concealed weapon, ORS 161.405(2)(d), a Class A misdemeanor. The...

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