STATE v. BABB

86C-21525; CA A44228.

756 P.2d 1264 (1988)

91 Or.App. 676

STATE of Oregon, Respondent, v. Randy Allen BABB, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1988.

Reconsideration Denied August 12, 1988.


Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for the appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Timothy A. Sylwester, 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 on two counts of robbery in the first degree. ORS 164.415. Both counts involved the same robbery and the same victim; count I alleged use of a dangerous weapon, a knife, and count II alleged use of a deadly weapon, a pistol. The jury convicted defendant of both counts, which the court "merged" for purposes of sentencing. Defendant argues that the trial court erred in denying his motion to suppress evidence of his prior...

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