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STATE v. CHENEY

87-0616; CA A46494.

759 P.2d 1119 (1988)

92 Or.App. 633

STATE of Oregon, Respondent, v. Eugene J. CHENEY, Appellant.

Court of Appeals of Oregon.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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 WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

WARDEN, Presiding Judge.

Defendant was convicted of two counts of burglary in the first degree and two counts of theft in the first degree. He contends that the trial court erred in (1) failing to give defendant's requested UCJI No. 1806 on theft by receiving, (2) giving the "solicit or command" portion of UCJI No. 1053 and (3) imposing separate convictions and sentences for the theft and burglary charges. His ground for...

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