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STATE v. HOVATER

Nos. 77-108C, 77-109C; CA 10659.

599 P.2d 1222 (1979)

42 Or.App. 13

STATE of Oregon, Respondent, v. Donald HOVATER, Appellant.

Court of Appeals of Oregon.

Decided September 4, 1979.

Attorney(s) appearing for the Case

Marianne O. Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

James M. Brown, 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 THORNTON, BUTTLER and JOSEPH, JJ.

THORNTON, Judge.

Defendant appeals from his conviction after jury trial on two charges of Criminal Activity in Drugs, the first involving peyote, and the second, marihuana. The trial court suspended imposition of sentence and placed defendant on probation for a period of five years under conditions set forth in the margin,1 including a provision that defendant be confined in the county jail for a total of 30 days, to be served on consecutive...

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