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STATE v. STRADLEY

08112364; A148475.

308 P.3d 284 (2013)

258 Or. App. 10

STATE of Oregon, Plaintiff-Respondent, v. David Lee STRADLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 14, 2013.

Attorney(s) appearing for the Case

George W. Kelly argued the cause and filed the brief for appellant.

Patrick M. Ebbett , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge, and ARMSTRONG, Judge.

HASELTON, C.J.

Defendant, who was convicted of delivery of marijuana within 1,000 feet of a school, ORS 475.862, delivery of marijuana for consideration, ORS 475.860(2), possession of a controlled substance, former ORS 475.840, renumbered as ORS 475.752, amended by Or. Laws 2013, ch. 591, § 3, and frequenting a place where controlled substances are used, ORS 167.222(1), appeals. He assigns error to the trial court's failure to merge the delivery...

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