SMITH v. STATE

128,465; CA A34998.

717 P.2d 240 (1986)

78 Or.App. 485

Charles Lee SMITH, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and submitted brief for appellant.

Robert Jackson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Scott McAlister, Asst. Atty. Gen., James E. Mountain, Jr., Sol. Gen. and Dave Frohnmayer, Atty. Gen., Salem.

Before GILLETTE, P.J., Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge, Pro Tem.

This is an appeal from a denial of post-conviction relief. Petitioner argues that he was denied the right to be present at his post-conviction hearing as provided in ORS 138.620(1). He also contends that the post-conviction court erred when it found that his sentences for burglary and theft did not merge. We affirm.

On September 28, 1976, a jury found petitioner guilty of burglary in the second degree and theft in the first...

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