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STATE v. MARTIN

No. 10-82-00460; CA A25243.

668 P.2d 479 (1983)

64 Or.App. 469

STATE of Oregon, Respondent, v. George Marques MARTIN, Appellant.

Court of Appeals of Oregon.

Decided August 31, 1983.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Linda Acaldo, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

Defendant appeals from a conviction of robbery in the first degree.1 ORS 164.415. He contends that the trial court erred by (1) instructing the jury to consider whether defendant was guilty of robbery in the second degree only if it first found that the state had failed to prove beyond a reasonable doubt each element of robbery in the first degree; (2) imposing a five-year minimum sentence under ORS 161.610; (3) admitting...

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