STATE v. McCARTNEY

No. 82 1175; A26760.

672 P.2d 1210 (1983)

65 Or.App. 766

STATE of Oregon, Respondent, v. Thomas Lynn McCartney, Appellant.

Court of Appeals of Oregon.

Decided November 30, 1983.

Reconsideration Denied January 6, 1984.


Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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


YOUNG, Judge.

Defendant appeals his conviction for felony driving while suspended (DWS). ORS 487.560(6). He makes four assignments of error: denial of two motions for mistrial; denial of a motion for judgment of acquittal; and the imposition of a felony rather than a misdemeanor conviction. We affirm.

The arresting officer testified that he stopped defendant's car and ran a "records check." The prosecutor asked, "And * * * what information did you gain from...

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