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STATE v. SIMS

TC C 83-04-31842; CA A29486; SC S30658.

692 P.2d 575 (1984)

298 Or. 360

STATE of Oregon, Respondent On Review, v. Jerry SIMS, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Reassigned October 17, 1984.

Decided December 18, 1984.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Gary D. Babcock, Public Defender.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

JONES, Justice.

The issue in this case is the same as that presented in State v. McClure, 298 Or. 336, 692 P.2d 579 (1984), and State v. Simmonds, 298 Or. 356, 692 P.2d 577 (1984).

Defendant was convicted of two counts of robbery in the first degree and one count of attempted assault in the first degree. Prior to...

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