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STATE v. CURRY

85-1055; CA A40703.

744 P.2d 575 (1987)

88 Or.App. 80

STATE of Oregon, Respondent, v. Teresa Lynn CURRY, Appellant.

Court of Appeals of Oregon.

Decided October 21, 1987.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Defendant was convicted of criminal mistreatment in the first degree.1 She appeals and assigns as error the trial court's denial of her motion for mistrial. The only issue before us is whether the prosecutor improperly commented on defendant's failure to testify and whether, as a result, defendant was denied the right to a fair trial.

Defendant was tried before a jury and...

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