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STATE v. GRACE

10-84-02778, 10-84-02842, 10-84-02880, 10-84-02881, 10-84-02882, 10-84-02922; CA A33590 (Control), A33591, A33592, A33593, A33594, A33595.

708 P.2d 1193 (1985)

76 Or.App. 237

STATE of Oregon, Respondent, v. Gerald Ray GRACE, Appellant.

Court of Appeals of Oregon.

Decided November 6, 1985.

Reconsideration Denied December 20, 1985.

Attorney(s) appearing for the Case

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

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

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

WARREN, Judge.

Defendant was convicted on four counts of burglary in the first degree, ORS 164.225, and two counts of burglary in the second degree. ORS 164.215. On appeal he assigns as error the trial court's denial of his motion to suppress items seized during a search pursuant to a warrant which were not named in the warrant. He also argues that ORS 164.235(2), defining "burglar tool" as "any * * * tool, instrument or other article * * * designed * * * for committing...

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