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STATE v. GRANT

Nos. 10-82-02620, 10-83-00569; A27575, A27576.

675 P.2d 1120 (1984)

66 Or.App. 906

STATE of Oregon, Respondent, v. James Phillip GRANT, Aka James Phillip Martin, Appellant. State of Oregon, Respondent, v. James Phillip Grant, Appellant.

Court of Appeals of Oregon.

Decided February 8, 1984.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, 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.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Defendant appeals his convictions for unauthorized use of a vehicle (UUV), ORS 164.135(1), driving while suspended (DWS), ORS 487.560, and perjury, ORS 162.065. We address only the conviction for UUV.1 The dispositive issues is whether the trial court erred in denying his motion to dismiss the UUV count on double jeopardy grounds. We reverse.

During the early morning hours of March 17, 1982, the theft of a truck in...

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