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STATE v. HEUKER

K02390; CA A38544.

730 P.2d 1258 (1986)

83 Or.App. 180

STATE of Oregon, Appellant, v. Michael Bernard HEUKER, Respondent.

Court of Appeals of Oregon.

Decided December 31, 1986.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Allan D. Sobel, Portland, argued the cause and filed the brief for respondent.

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

BUTTLER, Presiding Judge.

On September 4, 1984, defendant was cited for the unlawful possession of steelhead trout.1 The trial court sustained his demurrer and dismissed the charge on the ground that the unlawful possession of steelhead does not constitute an offense. We reverse and remand.

The state contends that defendant violated OAR 635-06-230, which provides:

"Except as otherwise provided by law or rule, it shall...

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