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STATE v. SCOVELL

No. C 80-01-30123; CA 17645, No. C 80-02-30659; CA 17646.

635 P.2d 7 (1981)

54 Or.App. 391

STATE of Oregon, Respondent, v. Arthur Ray SCOVELL, Appellant.

Court of Appeals of Oregon.

Decided October 26, 1981.

Reconsideration Denied December 3, 1981.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

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

WARDEN, Judge.

Defendant appeals his jury convictions in two separate trials for burglary in the second degree, ORS 164.215, kidnapping in the second degree, ORS 163.225, and two robberies in the first degree, ORS 164.415.1 He makes two assignments of error: (1) denial of his motion to dismiss the charge of robbery in the first degree at the commencement of the second trial; and (2) failure to merge...

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