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STATE v. ALLEN

C002847CR and C011876CR; A117220 (Control) and A117851.

108 P.3d 651 (2005)

198 Or. App. 392

STATE of Oregon, Respondent, v. Samuel James ALLEN, Appellant.

Court of Appeals of Oregon.

Petition for Reconsideration June 1, 2004.

Decided March 16, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, for petitions and supplemental briefing filed January 18, 2005.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, for supplemental brief filed February 10, 2005.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

On Appellant's Petition for Reconsideration and Request for Leave to file Supplemental Briefing April 23, 2004.

Appellant's Petition for Reconsideration and Memorandum in Support filed June 1, 2004.

LINDER, J.

Defendant appealed three convictions for unlawful delivery and possession of a controlled substance, ORS 475.992. After defendant filed a brief pursuant to State v. Balfour, 311 Or. 434,

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