STATE v. APPLEGATE

No. C 77-08-10871; CA 11186.

591 P.2d 371 (1979)

39 Or.App. 17

STATE of Oregon, Respondent, v. Steven Randall APPLEGATE, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1979.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her 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 was James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant was indicted for three crimes alleged to have been committed as part of a single transaction: Count I — third degree robbery of Billy D. Dixon "by striking [him] about the head while in the course of committing theft of * * * [Dixon's] lawful currency"; Count — II unauthorized use of Mr. Dixon's automobile; Count III — first degree theft by taking "lawful currency * * *...

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