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STATE v. FRIES

03CR0773; A124253.

158 P.3d 10 (2007)

212 Or. App. 220

STATE of Oregon, Plaintiff-Respondent, v. Thomas Patrick FRIES, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted January 10, 2007.

Decided April 25, 2007.

Attorney(s) appearing for the Case

Stephanie Hortsch argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Monica L. Finch, Deputy Public Defender, Office of Public Defense Services.

Julie A. Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc January 10, 2007.

EDMONDS, J.

Defendant appeals from a conviction for possession of a controlled substance. ORS 475.840(3).1 He makes two assignments of error: the denial of his motion for a judgment of acquittal on the ground that the evidence produced by the state was legally insufficient to convict him of possessing marijuana and the imposition of special conditions of probation based on facts that were not...

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