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STATE v. WHITTLINGER

94C-20141; CA A88190.

919 P.2d 1206 (1996)

142 Or. App. 308

STATE of Oregon, Respondent, v. Daniel Byron WHITTLINGER, Appellant.

Court of Appeals of Oregon.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

PER CURIAM.

Defendant, an inmate at the Oregon State Prison, appeals his conviction for possession of a weapon by an inmate. ORS 166.275. He argues that the conviction violates the state and federal double jeopardy clauses because he had previously received prison discipline for the same conduct. In State v. Rezin, 139 Or.App. 156, 911 P.2d 1264, opinion withdrawn (1996), we resolved...

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