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STATE v. CHEEK

245 Or. 232 (1966)

421 P.2d 685

STATE OF OREGON v. TROY ETSEL CHEEK

Supreme Court of Oregon.

Affirmed December 21, 1966.

Attorney(s) appearing for the Case

Keith Burns, Portland, argued the cause for appellant. With him on the briefs were Willner, Bennett, Leonard & Burns, Portland.

John M. Eaton, District Attorney, Burns, argued the cause for respondent. With him on the brief was Robert McCrea, Special Deputy District Attorney for Harney County, Eugene.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

DENECKE, J.

The defendant appeals from the enhanced penalty imposed under the habitual criminal statute. This court previously affirmed the defendant's conviction for the principal offense which was the basis for this enhanced penalty proceeding. State v. Cheek, 240 Or. 323, 401 P.2d 27 (1965).

1. Defendant asserts that the state did not prove he was the same person...

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