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STATE v. HEASTON

A168177.

482 P.3d 167 (2021)

308 Or. App. 694

STATE of Oregon, Plaintiff-Respondent, v. Kyler Jacque HEASTON, Defendant-Appellant.

Court of Appeals of Oregon.

January 27, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Mary M. Reese , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

Defendant appeals a judgment in which he was found in violation of a condition of his probation, and that imposed new conditions of probation and a probation-violation fee. On appeal, defendant contends that the trial court erred when it determined that his use of marijuana while on probation violated ORS 137.540(1)(b), which provides...

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