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STATE v. FIERRO

89-31B-C-1; CA A62704.

813 P.2d 57 (1991)

107 Or.App. 569

STATE of Oregon, Respondent, v. Reyes Arnoldo FIERRO, Appellant.

Court of Appeals of Oregon.

Decided June 12, 1991.

Attorney(s) appearing for the Case

Irene B. Taylor, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, 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 WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Defendant appeals his convictions for possession of a controlled substance, ORS 475.992(4), and frequenting a place where controlled substances are used. ORS 167.222. He asserts, and the state concedes, that the trial court erred by failing to obtain defendant's consent to a jury of less than 12 persons. Or. Const., Art. I, § 11; ORS 136.210(1). A defendant's affirmative consent on the record is required before a trial can proceed with less than 12...

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