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STATE v. ESHMON

No. C80-09-33220; CA A20212.

636 P.2d 992 (1981)

STATE of Oregon, Respondent, v. Alleny Lavalle ESHMON, Appellant.

Court of Appeals of Oregon.

Decided December 1, 1981.

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.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

JOSEPH, Chief Judge.

In this appeal from two convictions for robbery in the first degree, defendant contends that (1) the trial court improperly admitted evidence of both robberies in the separate trials on each robbery charge and (2) the prosecution's eyewitness identification testimony should have been suppressed.

At about 7:45 on the evening of June 29, 1980, three men robbed the Kentucky Fried Chicken restaurant at 1841 North Lombard in Portland. At about...

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