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STATE v. SELMER

08C41709; A139606.

217 P.3d 1092 (2009)

231 Or. App. 31

STATE of Oregon, Plaintiff-Respondent, v. David Leroy SELMER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 23, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Kenneth A. Kreuscher, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Michael R. Washington, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for unlawful possession of methamphetamine. ORS 475.894. He advances two assignments of error. He first argues that the court erred in entering judgment for unlawful possession of methamphetamine, when he was charged with, tried for, and found guilty of unlawful possession of heroin. He then argues that the trial court erred in denying his motion for a judgment of acquittal on the possession-of...

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