STATE v. JOHNSON

No. C 80-09-33045; CA 19573.

637 P.2d 211 (1981)

55 Or.App. 98

STATE of Oregon, Respondent, v. Larry Leroy JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1981.


Attorney(s) appearing for the Case

Richard L. Lonergan, Portland, argued the cause for appellant. With him on the brief were Howard R. Lonergan and Clint A. Lonergan, Portland.

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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


WARREN, Judge.

Defendant was convicted by a jury of first degree burglary. ORS 164.225. He was arrested by a police officer who was responding to a silent alarm set off at a Portland restaurant. The officer testified that defendant was inside the restaurant when he arrived. There were pry marks on the door of the restaurant, and a search of defendant revealed a screwdriver and chisel which the officer thought matched the...

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