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STATE v. WIGGET

83-267CR, 83-263CR, 83-262CR and 83-261CR; CA A31145, CA A31323, CA A31237 and CA A31236.

707 P.2d 101 (1985)

75 Or.App. 474

STATE of Oregon, Respondent, v. Richard Allen WIGGET, Appellant. State of Oregon, Respondent, v. CLEO ALLEN WIGGET, Appellant. State of Oregon, Respondent, v. Randy Leroy WIGGET, Appellant. State of Oregon, Respondent, v. Robert Steven Wigget, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1985.

Attorney(s) appearing for the Case

Helen I. Bloch, Deputy Public Defender, Salem, argued the cause for appellant Cleo Allen Wigget. With her on brief were Gary D. Babcock, Public Defender, and Marilyn C. McManus, Deputy Public Defender, Salem.

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellants Randy Leroy Wigget and Robert Steven Wigget. With her on brief was Gary D. Babcock, Public Defender, Salem.

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the causes for respondent. With him on 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.

Defendants Cleo Wigget, Randy Wigget, Richard Wigget, and Robert Wigget, who are brothers, appeal separately from convictions arising out of their having jointly attacked and beaten a police officer who was attempting to arrest Cleo. Because the facts and issues in all of the appeals are substantially the same, we render our decisions in one opinion. We vacate each defendant's convictions and remand for entry of new judgments and resentencing.

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