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STATE v. COVEN

10-90-05327A; CA A68722.

839 P.2d 261 (1992)

115 Or. App. 538

STATE of Oregon, Respondent, v. Roger John COVEN, Appellant.

Court of Appeals of Oregon.

October 14, 1992.

Attorney(s) appearing for the Case

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, for motion.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause, for appellant. With him, on the brief, was Sally L. Avera, Public Defender, Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

The state seeks reconsideration of our decision ordering the trial court to dismiss the indictment. State v. Coven, 112 Or.App. 657, 828 P.2d 1063 (1992). We allow reconsideration and modify our opinion.

A three-count indictment charged defendant with one count of unlawful delivery of a controlled substance, ORS 475.992(1), one count of unlawful possession of a controlled...

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