STATE v. GARCIA

81-1519-C to 81-1521-C, 81-1524-C to 81-1526-C; CA A30355.

704 P.2d 544 (1985)

74 Or.App. 649

STATE of Oregon, Respondent, v. Anthony Rodrigues GARCIA, Appellant.

Court of Appeals of Oregon.

Decided August 7, 1985.

Reconsideration Denied September 27, 1985.

Review Denied October 22, 1985.


Attorney(s) appearing for the Case

Shaun S. McCrea, Eugene, argued the cause for appellant. On the brief was Robert J. McCrea, Eugene.

Stephen F. Peifer, 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 was convicted on six counts of first degree robbery. His first trial, which included a charge of conspiracy, had resulted in his acquittal for conspiracy and a mistrial by reason of a hung jury on the robbery counts. The directed acquittal on the conspiracy charge was based on improper venue. On appeal, he contends that that acquittal for criminal conspiracy bars his reprosecution for robbery, because the only evidence connecting...

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