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STATE v. BEASTON

94-1002; CA A89997.

922 P.2d 721 (1996)

143 Or. App. 119

STATE of Oregon, Appellant, v. Everett Wendell BEASTON, Respondent.

Court of Appeals of Oregon.

Decided August 28, 1996.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, argued the cause, for respondent. On the brief, were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Katherine H. Waldo, Assistant Attorney General.

David E. Groom, Deputy Public Defender, argued the cause, for respondent. With him on the brief, was Sally L. Avera, Public Defender.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Defendant was indicted for three counts of Delivery of a Controlled Substance, ORS 475.992, one count of Criminal Conspiracy, ORS 161.450, and one count of Possession of a Controlled Substance, ORS 475.992. The trial court ruled that because defendant had already been subject to a civil forfeiture of property he possessed in connection with the alleged crimes, the Fifth Amendment barred the criminal prosecution. Therefore, it dismissed the indictment...

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