State v. Maxfield

The state moves for reconsideration of our opinion, State v. Maxfield, 133 Or App 371, 891 P2d 1342 (1995), claiming that we erred in construing or applying the law. ORAP 6.25(l)(e). We allow the motion, modify our opinion and adhere to it as modified.

In our opinion, we said:

“According to the state, the fact that defendant dropped off the film containing pictures of marijuana permits ‘the reasonable inference’ that she took the pictures home. We remain unpersuaded. First, the state fails to explain why a photograph of a marijuana plant, by itself, constitutes seizable evidence. The state…