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STATE v. BLASINGAME

12C43096; A152230.

341 P.3d 182 (2014)

267 Or. App. 686

STATE of Oregon, Plaintiff-Respondent, v. Jonathion Wade BLASINGAME, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2014.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge, and EDMONDS, Senior Judge.

Defendant appeals a judgment of conviction for delivery of marijuana, ORS 475.860. He asserts that the trial court erred when it instructed the jury on the charge of delivery of a controlled substance because that instruction was an impermissible comment on the evidence in violation of ORCP 59 E and the Due Process Clause of the Fourteenth...

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