STATE v. SMITH

No. C82-09-37581; CA A28101.

677 P.2d 715 (1984)

67 Or.App. 311

STATE of Oregon, Respondent, v. Thomas L. SMITH, Appellant.

Court of Appeals of Oregon.

Decided March 7, 1984.

Reconsideration Denied April 27, 1984.


Attorney(s) appearing for the Case

Lawrence Matasar, Portland, argued the cause for appellant. With him on the brief was Hoffman, Slader & Matasar, Portland.

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

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant appeals from a conviction for attempted theft by extortion. He testified on his own behalf. He assigns as error the trial court's admission of evidence of his previous first degree theft conviction. The evidence was used to impeach his credibility as a witness. We affirm.

Although he had earlier been found guilty of theft in the first degree, ORS 164.055, a Class C felony, defendant argues that, because the conviction had been given...

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