STATE v. BERGER

10-84-00790; CA A32802.

707 P.2d 106 (1985)

75 Or.App. 484

STATE of Oregon, Respondent, v. Bruce Allen BERGER, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1985.

Reconsideration Denied November 8, 1985.

Review Denied December 10, 1985.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on briefs was Gary D. Babcock, Public Defender.

Philip Schradle, 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 RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


WARDEN, Judge.

Defendant appeals from a judgment convicting him of burglary in the first degree (Count I), robbery in the third degree (Count II) and attempted rape in the first degree (Count III). We affirm.

Defendant waived jury trial and was tried by the court on stipulated facts. The stipulation stated that defendant broke into the apartment of a 74-year-old woman at about 2 a.m. on January 19, 1984. She knew defendant, because he had managed her apartment...

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