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STATE v. SCHWIRSE

93-1147; CA A90725.

938 P.2d 227 (1997)

147 Or. App. 683

STATE of Oregon, Respondent, v. Ronald H. SCHWIRSE, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1997.

Attorney(s) appearing for the Case

Richard A. Schwartz, Portland, argued the cause and filed the brief for appellant.

Paula L. Lawrence, 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 ARMSTRONG, JJ.

ARMSTRONG, Judge.

Defendant appeals his felony conviction for possession of a controlled substance. ORS 475.992(4). In August 1993, Officer Graham executed a search warrant at defendant's apartment and found one growing marijuana plant. The plant weighed 3.6 grams, less than one ounce. ORS 475.992(4)(f) makes possession of less than an ounce of dried marijuana leaves, stems and flowers a violation rather than a felony. Based on that statute, defendant moved for a...

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