STATE v. EARP

82-95; CA A25449.

686 P.2d 437 (1984)

69 Or.App. 365

STATE of Oregon, Respondent, v. Leroy Wayne EARP, Appellant.

Court of Appeals of Oregon.

Decided August 8, 1984.

Review Denied December 4, 1984.


Attorney(s) appearing for the Case

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

Thomas H. Denney, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his conviction for aggravated murder, contending, inter alia, that the trial court erred in refusing to grant his motion for a preliminary hearing, in admitting evidence of his previous conviction for murder in the first degree and in sentencing him to a minimum of 30 years imprisonment pursuant to ORS 163.105(1).1 We affirm.

Defendant argues that his rights under both the Oregon...

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