State v. Holmes

This case was previously before this court in 1974, and reported as State v. Holmes, 17 Or App 464, 522 P2d 900 (1974). In that proceeding defendant was indicted and convicted on two counts of criminal activity in drugs (ORS 167.207), Count I alleging knowing and unlawful possession of amphetamine, and Count II alleging knowing and unlawful possession of less than one ounce of marihuana. We reversed that conviction on grounds not relevant to this appeal. See: State v. Holmes, supra. Defendant was thereupon retried on the same indictment, and again convicted on both counts. He was placed on…