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STATE v. SYVERTSON

C075995CVA, A139128.

229 P.3d 624 (2010)

234 Or. App. 783

STATE of Oregon, Plaintiff-Respondent, v. Michael A. SYVERTSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

Ryan R. Corbridge argued the cause for appellant. With him on the briefs was Corbridge and Short Law Group, LLP.

Robert Atkinson, Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Amanda J. Austin, Assistant Attorney General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

PER CURIAM.

Defendant was convicted of possession of less than an ounce of marijuana. ORS 475.864. He is a resident of California and is authorized under the laws of that state to possess and use marijuana for the treatment of "a debilitating conglomeration of symptoms." At a pretrial hearing, he argued that the officer who arrested him lacked probable cause once defendant established his status as a lawful marijuana user under California law, because Oregon is required...

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