STATE v. FITZGERALD

No. 21-211; CA A23509.

653 P.2d 1289 (1982)

60 Or.App. 466

STATE of Oregon, Respondent, v. James Michael FITZGERALD, Appellant.

Court of Appeals of Oregon.

Decided December 1, 1982.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, 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 RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

Defendant appeals his convictions for burglary and theft. He contends that the trial court erred in denying his motion to suppress statements he made in response to questioning by the police while he was in custody and after he had requested counsel. The issue is whether defendant's Miranda rights were violated. We conclude that they were and reverse.

About 10 p.m., on October 6, 1981, Officer Ferraris was dispatched to a store...

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