STATE v. SCHWAB

C87-07-33789; CA A46832.

771 P.2d 277 (1989)

95 Or.App. 593

STATE of Oregon, Respondent, v. Joseph Gerald SCHWAB, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1989.


Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Michael C. Livingston, 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.


RICHARDSON, Presiding Judge.

Defendant appeals his conviction for theft in the first degree. ORS 164.055. He contends that the court erred by not granting his motion for mistrial and by imposing a condition of probation that allows his probation officer to search him, his home and his vehicle. We affirm the conviction and remand for reconsideration.

The facts relevant to this appeal are not disputed. Defendant was indicted for the theft of jewelry from an...

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