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STATE v. CLELLAND

04C49324; A127670.

162 P.3d 1081 (2007)

214 Or. App. 151

STATE of Oregon, Plaintiff-Respondent, v. Marvin Andrew CLELLAND, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

PER CURIAM.

Defendant, who was convicted of delivery of a controlled substance within 1,000 feet of a school, former ORS 475.999(1) (2003), renumbered as ORS 475.904(1) (2005), appeals, assigning error to the denial of his motion for judgment of acquittal (MJOA). The issue presented here is identical to that in State v. Conklin, 214 Or.App. 80, 162 P.3d 364 (July 11, 2007...

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