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STATE v. FESLER

81-169C; CA A23875, SC 28897.

685 P.2d 1014 (1984)

68 Or.App. 609

STATE of Oregon, Respondent, v. Michael FESLER, Appellant.

Court of Appeals of Oregon, In Banc.

Decided June 13, 1984.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

GILLETTE, Judge.

In this criminal case we affirmed without opinion defendant's conviction for possession of a controlled substance when it was first before us. State v. Fesler, 58 Or.App. 389, 650 P.2d 1097 (1982). The Supreme Court thereafter accepted review and remanded the case for reconsideration in light of State v. Caraher, 293 Or. 741, 653 P.2d 942

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