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STATE v. MENDENHALL

Nos. J79-1917 to J79-1921; CA 19187.

631 P.2d 791 (1981)

53 Or.App. 174

STATE of Oregon, Respondent, v. Ralph MENDENHALL, Appellant.

Court of Appeals of Oregon.

Decided July 20, 1981.

Attorney(s) appearing for the Case

Dwayne R. Murray, Eugene, argued the cause for appellant. With him on the brief was Bischoff, Murray & Strooband, P.C., Eugene.

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

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Defendant was convicted of Theft in the First Degree and Conspiracy to Commit Theft in the First Degree under five indictments, the convictions on all of which were merged for sentencing. Under his first assignment of error, defendant seeks reversal of the judgments of conviction, and on his second assignment of error, he seeks a new trial.

Defendant's first assignment of error is:

"Upon first assignment of error is that...

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