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STATE v. STRICKLAND

Nos. 101203, 101204, 97844, 97845; C.A. 9181.

584 P.2d 310 (1978)

36 Or.App. 119

STATE of Oregon, Respondent, v. David Wayne STRICKLAND, Appellant.

Court of Appeals of Oregon.

Decided September 6, 1978.

Attorney(s) appearing for the Case

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

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Defendant appeals his jury conviction on charges of rape in the first degree (ORS 163.375), kidnapping in the first degree (ORS 163.235) and kidnapping in the second degree (two counts, ORS 163.225). He argues that the court erred in denying a motion to suppress his identification by the rape victim at the scene of his arrest, that the evidence did not support a conviction on the first degree kidnapping charge and that the court should have merged the...

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