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STATE v. TURNER

CR8-1804-JT; CA A50453.

781 P.2d 404 (1989)

99 Or.App. 176

STATE of Oregon, Respondent, v. Frank R. TURNER, Appellant.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Glenn N. Solomon, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Vera Langer, 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 GRABER, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals his conviction by a jury for second degree criminal trespass. ORS 164.245. He assigns error to the trial court's conducting the trial without his presence and to its denial of his motion to suppress. We reverse.

ORS 136.040 permits the court to conduct a trial in the defendant's absence if the charge is a misdemeanor and the defendant appears by counsel.1 Before doing so, however, the court must...

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