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STATE v. JIM

CR 82-315; CA A33716.

725 P.2d 365 (1986)

81 Or. App. 177

STATE of Oregon, Respondent, v. Warner JIM, Appellant.

Court of Appeals of Oregon.

Decided September 10, 1986.

Attorney(s) appearing for the Case

Jack L. Schwartz, Portland, argued the cause and filed the brief for appellant.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Defendant was convicted of the sale of food fish during a closed commercial season, in violation of ORS 509.011, which makes it "unlawful to: [b]uy, receive, possess or sell food fish unlawfully caught during a closed season." ORS 509.011(2)(a). Defendant, a member of the Yakima Indian Nation, admits that, on April 28, 1982, he caught salmon from the Columbia River, which he later sold at Celilo Indian Village to an undercover special agent...

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