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STATE v. MILEK

84-394-C; CA A38368.

727 P.2d 164 (1986)

82 Or. App. 88

STATE of Oregon, Respondent, v. Daniel Lee MILEK, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1986.

Attorney(s) appearing for the Case

John P. Daugirda, 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 NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant appeals his conviction for theft in the first degree by selling. ORS 164.055(c). He argues that the court erred in not suppressing statements that he made to the police during custodial interrogation after arraignment. We agree, reverse and remand for a new trial.

In November, 1983, saddles, tack and a three-wheeled motorcycle were stolen in a burglary and subsequently sold. Police suspected that defendant was involved and arrested...

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