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STATE v. DIVERS

No. 19-880; CA 17467.

625 P.2d 681 (1981)

51 Or.App. 351

STATE of Oregon, Respondent, v. Roger William DIVERS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted September 22, 1980.

Attorney(s) appearing for the Case

Cary A. Gluesenkamp, Hillsboro, argued the cause and filed the brief for appellant.

John C. Bradley, 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 GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant entered pleas of guilty to the offenses of assault in the fourth degree (ORS 163.160) and theft in the second degree (ORS 164.045), both Class A misdemeanors. The incident occurred in a retail store. A security officer, Thomas Moore, observed defendant remove his boots and put them on a shelf and take new boots from the shelf and put them on his feet. The officer started to say something to defendant about the boots when defendant struck...

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