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STATE v. ADAMS

No. C 80-04-31381; CA 19590.

641 P.2d 647 (1982)

56 Or.App. 303

STATE of Oregon, Respondent, v. Anthony Graylon ADAMS, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1982.

Attorney(s) appearing for the Case

Diane L. Alessi, Portland, argued the cause for appellant. With her on the briefs was Ransom & Blackman, Portland.

Richard David Wasserman, 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 appeals his conviction for first-degree robbery. He assigns four errors, two of which we discuss: former jeopardy and denial of a motion to suppress evidence on the basis of failure to preserve possibly exculpatory evidence.1 We modify the conviction to second-degree robbery and remand for resentencing.

Defendant was indicted for first-degree robbery of a concession attendant at a movie theatre. The state...

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