STATE v. SMITH

C 80-08-32888; CA A27379.

671 P.2d 1206 (1983)

65 Or.App. 344

STATE of Oregon, Respondent, v. Gary Allen SMITH, Appellant.

Court of Appeals of Oregon.

November 9, 1983.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Helen I. Bloch, Deputy Public Defender, Salem, for petition.

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


Submitted on Appellant's Petition for Reconsideration October 20, 1983.

GILLETTE, Presiding Judge.

When this appeal from convictions for murder and burglary in the first degree was last before us, defendant argued solely that the trial court erred in refusing to merge his two convictions. Concluding, as had the trial court, that the two crimes had two different criminal objectives, see State v. Goldsby,

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