STATE v. CHAVEZ

No. 82-649; A27881.

671 P.2d 708 (1983)

65 Or.App. 534

STATE of Oregon, Respondent, v. Jose CHAVEZ, Appellant.

Court of Appeals of Oregon.

Decided November 9, 1983.

Reconsideration Denied December 23, 1983.


Attorney(s) appearing for the Case

Donald D. Nash, Portland, argued the cause for appellant. On the brief were Daniel Hoarfrost, and Purcella, Nash & Hoarfrost, Portland.

Jan Peter Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


NEWMAN, Judge.

Defendant appeals his conviction, after a jury trial, of riot, a Class C Felony. We affirm. Defendant and Brucker had an altercation on the street at 6 p.m. An hour and a half later, defendant and seven other men drove in one car to Brucker's house. A fight ensued between defendant and his friends and Brucker and two of his friends. Brucker was injured in the fight. The indictment charged that defendant

"did ... unlawfully and knowingly, while...

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