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STATE v. JOHNSON

DA 353077; CA A47338.

765 P.2d 1249 (1988)

94 Or.App. 453

STATE of Oregon, Respondent, v. Michael Anthony JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1988.

Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the brief for appellant.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, JJ.

JOSEPH, Chief Judge.

Defendant seeks reversal of his conviction for giving false information to an officer for a citation. ORS 162.385. We reverse.

Defendant entered a convenience store and tried to purchase wine. The clerk refused to accept his identification. Defendant then started to leave. During the exchange, an Oregon Liquor Control Commission officer entered the store and stood nearby, while a second officer waited outside. The clerk signaled to the...

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