STATE v. WARREN

85-4938, 85-4939, 85-4940; CA A39000 (Control), A39001, A39002.

745 P.2d 822 (1987)

88 Or.App. 462

STATE of Oregon, Respondent, v. Bryan Maxwell WARREN, Appellant.

Court of Appeals of Oregon.

Decided November 25, 1987.

Reconsideration Denied January 15, 1988.

Review Denied February 2, 1988.


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.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


DEITS, Judge.

Defendant appeals his convictions for robbery and being an ex-convict in possession of a firearm. The issue is whether the trial court erred in admitting a confession by a co-defendant which incriminated defendant and which was inconsistent with the co-defendant's trial testimony. We affirm.

On June 3, 1985, at approximately 10:15 p.m., a Circle K store at the corner of Sunnyview and Lancaster Drive in Salem was robbed. The clerk testified that...

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