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STATE v. MITCHELL

10-85-01355; CA A37813.

734 P.2d 379 (1987)

84 Or. App. 452

STATE of Oregon, Respondent, v. Steven Jeffrey MITCHELL, Appellant.

Court of Appeals of Oregon.

Decided March 25, 1987.

Attorney(s) appearing for the Case

Lawrence J. Hall, 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 was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for assault in the second degree. ORS 163.175. He contends that the court erred in allowing the state to impeach two of its own witnesses and in not granting a mistrial because of impermissible argument to the jury by the prosecutor. He also contends that he was entitled to a jury determination of facts that the court used to impose an enhanced sentence under ORS 161.725.

We conclude that the court...

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