STATE v. SCHWAB

(CC 07C50644; CA A139336; SC S058555).

239 P.3d 246 (2010)

349 Or. 52

STATE of Oregon, Respondent on Review, v. Cynthia Lynn SCHWAB, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided September 16, 2010.


Attorney(s) appearing for the Case

Jedediah Peterson , Deputy Public Defender, Salem, filed the petition for petitioner on review. With him on the petition was Peter Gartlan , Chief Defender, Office of Public Defense Services.

No appearance contra.


PER CURIAM.

The petition for review is denied.

KISTLER, J., concurred and filed an opinion, in which GILLETTE, J., joined.

KISTLER, J., concurring.

The court today denies the petition for review in this case. I concur in that disposition but write separately to note an unpreserved problem with an instruction that, in some counties, is being given with increasing frequency.

In this case, defendant possessed 2.48 ounces of marijuana....

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