STATE v. PHELPS

10-83-05816; CA A32456.

698 P.2d 43 (1985)

73 Or.App. 68

STATE of Oregon, Respondent, v. Earl Misamore PHELPS, Appellant.

Court of Appeals of Oregon.

Decided April 3, 1985.


Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, 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 RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


WARDEN, Judge.

Defendant was convicted by a jury for the crime of unauthorized use of a motor vehicle. ORS 164.125. On appeal, he assigns error to the admission of "other crimes" evidence relating to the theft of a second vehicle and to the trial court's refusal to give a requested instruction to limit the jury's use of that evidence. We reverse and remand.

Defendant and Gambetti were in a 1962 pickup truck bearing expired license plates when they were stopped...

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