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STATE v. BERG

90-1157; CA A71247.

857 P.2d 909 (1993)

122 Or. App. 573

STATE of Oregon, Respondent, v. William Theodore BERG, Sr., Appellant.

Court of Appeals of Oregon.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Mary H. Williams, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

Defendant was convicted of second degree theft, ORS 164.045, and of possessing and manufacturing a controlled substance. ORS 475.992. On the theft conviction, the circuit court imposed a suspended sentence of one year in jail. The court also ordered forfeiture of two handguns that police seized from a desk drawer and wall safe in defendant's workshop. Defendant challenges both the sentence and the forfeiture. We vacate the forfeiture and otherwise affirm...

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