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STATE v. POWELL

C83-05-32441, C83-08-33968, C83-08-33966; CA A35549.

727 P.2d 136 (1986)

82 Or. App. 13

STATE of Oregon, Respondent, v. David Ellsworth POWELL, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1986.

Reconsideration Denied December 5, 1986.

Review Denied January 13, 1987.

Attorney(s) appearing for the Case

Richard L. Weil, Portland, argued the cause for appellant. With him on the brief was Richard Allen Carlson, Portland.

Stephen F. Peifer, 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 JOSEPH, C.J., and VAN HOOMISSEN and YOUNG, JJ.

JOSEPH, Chief Judge.

Defendant appeals his convictions for unlawful racketeering activity, ORS 166.7201 (ORICO), and for two thefts in the first degree. ORS 164.055.2 The indictments were consolidated for trial.

Defendant's first assignment is that the trial court erred by denying his demurrer to the unlawful racketeering activity indictment, which alleged...

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