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STATE v. CAMPBELL

(CC F16027; CA A143237; SC S060046).

312 P.3d 511 (2013)

354 Or. 375

STATE of Oregon, Respondent on Review, v. Harold Lee CAMPBELL, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided October 17, 2013.

Attorney(s) appearing for the Case

Susan Fair Drake , Senior Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Rebecca M. Johansen , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

PER CURIAM.

The petition for review is dismissed as improvidently allowed.

Walters, J, concurred and filed an opinion.

WALTERS, J., concurring.

This court allowed review in this criminal case to decide whether defendant's prosecution for possession of a controlled substance was barred under Oregon's former jeopardy statute — ORS 131.515(2). Defendant originally was charged in the same indictment with driving under the influence of intoxicants...

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