State v. Durando

Defendant has petitioned for reconsideration of our opinion in State v. Durando, 262 Or App 299, 323 P3d 985 (2014), in which we reversed his conviction for unlawful possession of marijuana, but otherwise affirmed the trial court’s judgment. In his reconsideration petition, defendant contends, among other things, that we applied an overly “severe” preservation standard in rejecting, as unpreserved, defendant’s argument that the trial court erred in granting the state’s pretrial motion to exclude one of defendant’s exhibits on the ground that defendant had not adequately authenticated it. As…