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STATE v. JOHNSON

No. C83-02-30739; CA A28090.

672 P.2d 1249 (1983)

66 Or.App. 123

STATE of Oregon, Respondent, v. Lavelle Ray JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1983.

Attorney(s) appearing for the Case

Philip A. Lewis, Portland, argued the cause and filed the brief for appellant.

Christine A. Chute, Sp. Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

NEWMAN, Judge.

Defendant appeals his conviction for failure to appear in the first degree. ORS 162.205. He assigns as error denial of his motion for judgment of acquittal. We affirm.

Defendant initially was charged with theft in the first degree, a felony. After a jury trial he was found guilty. On January 4, 1983, he appeared in court with his attorney for sentencing. The court placed defendant on five years' probation with the condition that he serve one...

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