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STATE v. FLORES

570 P.2d 94 (1977)

31 Or.App. 187

STATE of Oregon, Respondent, v. Daniel FLORES, Appellant.

Court of Appeals of Oregon.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction, after a jury trial, of robbery in the first degree, ORS 164.415, and makes three assignments of error. First, the failure of the trial court to grant his motion for a mistrial following the prosecutor's remarks during voir dire, secondly, the refusal of the trial court to allow him to present surrebuttal evidence and finally, the failure of the trial court to grant his motion for a mistrial on the ground the prosecutor...

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