STATE v. SLEEPER

No. 77-4754; CA 10360.

584 P.2d 333 (1978)

36 Or.App. 227

STATE of Oregon, Respondent, v. Constance Margaret SLEEPER, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1978.


Attorney(s) appearing for the Case

William D. Young, Public Defender Services of Lane County Inc., Eugene, argued the cause and filed the brief for appellant.

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.


LEE, Judge.

Defendant appeals her conviction for criminal activity in drugs (CAID), ORS 167.207(1) (repealed Oregon Laws 1977, ch. 745, § 54). Defendant contends that the trial court erred in denying her motion to dismiss on the basis of double jeopardy. We disagree.

On August 19, 1977, defendant was arrested for violation of a city ordinance for driving under the influence of intoxicants (DUII). During a search in the course of the booking procedure...

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