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STATE v. MILLER

No. C80-01-30154; CA 18001.

620 P.2d 978 (1980)

49 Or.App. 955

STATE of Oregon, Respondent, v. French Lee MILLER, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Gary, Deputy Sol. 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 David L. Hennings, Certified Law Student, Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

Defendant was convicted of burglary in the second degree, ORS 164.215, after being found at 1:30 a.m. on his back in a puddle of soapy water on the floor of the Sugar Bowl Cafe in Portland. The glass door to the cafe had been broken, the cash register was empty, and defendant's pants pockets were full of change. Before trial defendant filed a motion to dismiss the charge based on ORS 161.125, alleging that...

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