STATE v. CUSTER

91P-3244; CA A89949.

934 P.2d 455 (1997)

146 Or. App. 487

STATE of Oregon, Respondent, v. Jimmy Lee CUSTER, Appellant.

Court of Appeals of Oregon.

Decided February 19, 1997.


Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was Diane L. Alessi, Chief Deputy Public Defender.

Jonathan Fussner, 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.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Defendant appeals his convictions for possession of a controlled substance and unlawful possession of a destructive device. ORS 475.992(4)(b); ORS 166.382(1)(b). He argues that the trial court erred when, following remand from this court, State v. Custer, 126 Or.App. 431, 868 P.2d 1363 (1994) (Custer I) it allowed the state to introduce evidence during retrial that...

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