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STATE v. HALL

M 70657; CA A45763.

764 P.2d 926 (1988)

94 Or.App. 24

STATE of Oregon, Respondent, v. Robert Eugene HALL, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1988.

Reconsideration Denied January 13, 1989.

Review Denied January 31, 1989.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for attempted burglary in the second degree. He was charged with attempted burglary in the second degree and attempted theft in the second degree, both misdemeanors. The complaint alleged, in Count 1, that defendant did

"attempt to enter and remain in a building * * *, with the intent to commit the crime of Theft therein."

Count 2 of the complaint alleged that he did

"attempt...

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