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STATE v. NAYLOR

No. 115658; CA 17295.

618 P.2d 1311 (1980)

49 Or.App. 57

STATE of Oregon, Respondent, v. Charles Evans NAYLOR, Appellant.

Court of Appeals of Oregon.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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

CAMPBELL, Judge.

The defendant was found guilty by a jury of the crime of burglary in the first degree.1 He was sentenced to the custody of the Oregon State Corrections Division for a period of six years to "run consecutive to any sentence or sentences the defendant may now be serving." The defendant has appealed. He has assigned as error: (1) the trial court's refusal to instruct the jury on criminal trespass in the second degree as a...

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