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STATE v. ALDERMAN

11C43234; A149703.

300 P.3d 308 (2013)

256 Or. App. 476

STATE Of Oregon, Plaintiff-Respondent, v. Dane Lewis ALDERMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 24, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Lindsey Burrows , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Douglas F. Zier , Senior Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

PER CURIAM.

In this criminal case, defendant was tried to the court and convicted of felony delivery of marijuana for consideration. ORS 475.860(2). He contends that the trial court erred (1) by eliciting testimony from a defense witness that was irrelevant and impermissibly based upon defendant's confidential affidavit of indigency and (2) by commenting on the credibility of defendant's statements in his affidavit of indigency and relying on those statements in a...

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