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STATE v. BURTON/CUNNINGHAM

91-01-5162-C1, 91-01-5162-C2; CA A71645 (Control), CA A71646.

855 P.2d 1124 (1993)

121 Or. App. 508

STATE of Oregon, Respondent, v. Vicki Lynn BURTON, Appellant. STATE of Oregon, Respondent, v. Thomas E. CUNNINGHAM, Appellant.

Court of Appeals of Oregon.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Harry T. Carp, Eugene, argued the cause for appellants. With him on the brief was Chez & Carp, Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him 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.

DEITS, Judge.

Defendants appeal their convictions for possession and manufacture of a controlled substance, methamphetamine. ORS 475.992. We reverse and remand.

On October 12, 1990, Malheur County Sheriff's officers executed a warrant to search defendants' home. They found evidence resulting in the charges at issue. Defendants were charged with two counts of possession and two counts of manufacture of a controlled substance. Counts 1 and 3 of the indictment...

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