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CITY OF SPRINGFIELD v. AQUIZAP

No. 94-50059, 94-08395; CA A88648 (Control), A89019.

927 P.2d 601 (1996)

144 Or. App. 190

CITY OF SPRINGFIELD, Respondent, v. Rick Anthony AQUIZAP, Appellant. STATE of Oregon, Respondent, v. Rick Anthony AQUIZAP, Appellant.

Court of Appeals of Oregon.

Decided October 16, 1996.

Attorney(s) appearing for the Case

Edmund J. Spinney, Springfield, filed the brief for appellant.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

PER CURIAM

Defendant appeals his conviction of a violation of ORS 814.090(1)(a).1 The state concedes the trial court erred in overruling his demurrer because ORS 814.090(1)(a) violates Article I, section 8, of the Oregon Constitution. We agree with the state's concession.

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