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STATE v. MERRILL

92-1081, 92-1082; CA A81412 (Control), CA A81413.

899 P.2d 712 (1995)

135 Or. App. 408

STATE of Oregon, Appellant, v. Reynell MERRILL, Respondent. STATE of Oregon, Appellant, v. Judy MERRILL, Respondent.

Court of Appeals of Oregon.

Decided July 12, 1995.

Review Allowed October 17, 1995.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. General.

Andy Simrin, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

The state appeals from pretrial orders in these consolidated cases granting defendants' demurrers to identically worded two-count indictments against each of them. We reverse.

Defendants were each charged with the offenses of unlawful delivery of a controlled substance, marijuana, and unlawful possession of a controlled substance, marijuana. ORS 475.992(1); ORS 475.992(4). The indictments read as follows:

"COUNT 1

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