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STATE v. MADISON

1218; CA A37420.

760 P.2d 1384 (1988)

93 Or.App. 182

STATE of Oregon, Respondent, v. Brian Scott MADISON, Appellant.

Court of Appeals of Oregon.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defendant, Salem, argued the cause for appellant. On the brief were Gary D. Babcock, Public Defender, and Ernest E. Estes, Deputy 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 conviction for aggravated murder and robbery, arguing that the court erred in failing to merge the convictions, imposing a minimum sentence, sentencing him as a dangerous offender, refusing to grant a mistrial and imposing costs. Defendant was indicted on two counts of aggravated murder. ORS 163.095. Count I charged him with aggravated felony murder by alternative means. First, the elements of burglary were alleged, and it was also...

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