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State v. Charles Johnson

Oregon Court of Appeals
Sep 13, 1976
554 P.2d 193 (Or. Ct. App. 1976)

Opinion

No. C 73-05-1532, CA 5764 No. C 75-10-3368, CA 5765

Argued August 20, 1976.

Reversed and remanded September 13, 1976.

Appeal from Circuit Court, Multnomah County.

Phillip J. Roth, Judge. (No. C 73-05-1532)

Alfred T. Sulmonetti, Judge. (No. C 75-10-3368)

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.

Before Schwab, Chief Judge, and Fort and Lee, Judges.


Reversed and remanded.

PER CURIAM.


In this case the defendant was convicted of criminal activity in drugs, specifically, the furnishing of Ritalin tablets. The issue raised on appeal is identical to that raised in State v. Johnson (Chester Leon), 26 Or. App. 651, 554 P.2d 624 (1976). However, the posture is different. The two cases came before different trial judges of the same judicial district. In the case of Chester Johnson the trial judge found a violation of discovery statutes; in the case at bar the trial judge found to the contrary. State v. Johnson (Chester Leon), supra, is dispositive.

Reversed and remanded.


Summaries of

State v. Charles Johnson

Oregon Court of Appeals
Sep 13, 1976
554 P.2d 193 (Or. Ct. App. 1976)
Case details for

State v. Charles Johnson

Case Details

Full title:STATE OF OREGON, Respondent, v. CHARLES JOHNSON, Appellant. STATE OF…

Court:Oregon Court of Appeals

Date published: Sep 13, 1976

Citations

554 P.2d 193 (Or. Ct. App. 1976)
554 P.2d 193