STATE v. GLICK

23-354; CA A32079.

697 P.2d 1002 (1985)

73 Or.App. 79

STATE of Oregon, Respondent, v. Clyde L. GLICK, Sr., Appellant.

Court of Appeals of Oregon.

Decided April 3, 1985.


Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Salem, and James E. Mountain, Jr., Sol. Gen., Salem.

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


VAN HOOMISSEN, Judge.

Defendant appeals his convictions for robbery in the third degree and assault in the fourth degree. He contends that the trial judge erred in denying his motions for a mistrial. The dispositive issue is whether the trial judge had discretion to deny the motions. We conclude that as a matter of law he did not. Therefore, we reverse and remand for a new trial.

Defendant was brought into the courtroom for a jury trial wearing handcuffs and...

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