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STATE v. HARRIS

CA 16552; SC 27269.

630 P.2d 332 (1981)

291 Or. 179

STATE of Oregon, Petitioner, v. Richard Scott HARRIS, Respondent.

Supreme Court of Oregon, In Banc.

Decided June 23, 1981.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were James M. Brown, Atty. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for respondent. With her on the briefs was Gary D. Babcock, Public Defender, Salem.

LENT, Justice.

The issue is whether defendant's rights under ORS 136.0401 were violated when his burglary trial continued in his voluntary absence. We hold they were not.

Defendant was charged with burglary, a felony. Pending outcome of his trial, he had been released from custody. ORS 135.230 to 135.270. Trial commenced upon a Thursday and continued through Friday with defendant present. The state had rested at midafternoon on...

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