STATE v. ROY


562 P.2d 213 (1977)

28 Or.App. 861

STATE of Oregon, Respondent, v. Fredric Glenn ROY, Appellant.

Court of Appeals of Oregon.

Decided March 28, 1977.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant appeals from his conviction of first degree burglary, ORS 164.225, and assigns as error (1) the court's denial of his motion to suppress and (2) the procedure used by the court in merging with the burglary count, for the purposes of sentencing, a count of conspiracy to commit burglary.

On April 6, 1976, a medical clinic in Fossil was burglarized and a quantity of drugs stolen. On April 13, 1976, defendant and Randy Neff were...

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