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STATE v. YOCK

No. 19-385; CA 17280.

621 P.2d 592 (1980)

49 Or.App. 749

STATE of Oregon, Respondent, v. John Clyde YOCK, Appellant.

Court of Appeals of Oregon.

Decided December 15, 1980.

Reconsideration Denied February 4, 1981.

Review Denied March 31, 1981.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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

RICHARDSON, Judge.

Defendant appeals his conviction after jury trial of burglary in the first degree. ORS 164.225. He raises three assignments of error: (1) that the trial court erred in denying his motion to dismiss the burglary charge after his acquittal of driving while under the influence of intoxicants (DUII) allegedly arising out of the "same criminal episode" or "same act and transaction," in violation of ORS 131.515 and Article I, § 12 of the Oregon Constitution...

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