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STATE v. CAPITAN

468 P.2d 533 (1970)

STATE of Oregon, Respondent, v. Vincent Lewis CAPITAN, Appellant.

Court of Appeals of Oregon, Department 1.

Decided April 23, 1970.

Attorney(s) appearing for the Case

Julian Herndon, Jr., Portland, argued the cause and filed the briefs for appellant. With him on the briefs were Herndon & Ofelt, Portland.

Donald R. Blensly, McMinnville, argued the cause and filed the briefs for respondent.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

Defendant was tried before a jury, convicted of the crime of larceny in a building, and sentenced to imprisonment for a term not to exceed five years. Subsequently the sentence was vacated and defendant received an enhanced penalty for previous felony convictions. ORS 168.015 to 168.090. Defendant has appealed the conviction and the enhanced penalty. The appeals were consolidated on motion of defendant.

The larceny took place in the Miller...

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