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STATE v. COLE

90-05-4934-C; CA A68032.

823 P.2d 1046 (1992)

111 Or.App. 419

STATE of Oregon, Respondent, v. Eugene Ray COLE, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief, was Sally L. Avera, Public Defender, Salem.

David L. Runner, 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 was indicted for delivery of marijuana for consideration on March 13 and March 19, 1990 (Counts I and III), and for delivery of marijuana for consideration on March 13 and March 19, 1990, as part of a scheme or network (Counts II and IV). He demurred to the indictment. The demurrer was overruled. His motion to suppress evidence was denied, and he was found guilty of all four charges. The trial court merged Count I with Count II and Count III...

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