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STATE v. CETTO

No. CR82-1172; CA A28000.

674 P.2d 66 (1984)

66 Or.App. 337

STATE of Oregon, Respondent, v. David Lee CETTO, Appellant.

Court of Appeals of Oregon.

Decided January 4, 1984.

Reconsideration Denied February 24, 1984.

Attorney(s) appearing for the Case

William M. Horner, Monmouth, argued the cause and filed the brief, for appellant.

Kim Fenner, Certified Law Student, Salem, argued the cause, for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Virginia L. Linder, Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Defendant was tried by the court and convicted of assault in the fourth degree. ORS 163.160. He assigns as error1 the denial of his motion to exclude witnesses. OEC 615.

Opening statements were waived. The state's first witness was the mother of the 3-year-old alleged assault victim. After she gave her name and address, defendant moved to exclude the witnesses:

"[DEFENSE COUNSEL]: Your Honor, excuse me, I...

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