STATE v. UMPHREY

87 09 35373; CA A47895.

786 P.2d 1279 (1990)

100 Or.App. 433

STATE of Oregon, Respondent, v. Claude Clifford UMPHREY, Aka Terry Todd, Appellant.

Court of Appeals of Oregon.

Decided February 14, 1990.

Reconsideration Denied March 28, 1990.

Review Denied April 26, 1990.


Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause, for appellant. With her on the brief, was Gary D. Babcock, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief, were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Teresa Ozias, Certified Law Student, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. He assigns as errors the trial court's denial of his motions for a separate trial and to suppress evidence. We affirm.

From the evidence at the combined hearing, the court could have found these facts. At about 9:30 p.m. on September 27, 1987, a man wearing a jacket, stocking cap and bandanna and carrying a sawed-off shotgun robbed a gas station on McLoughlin Boulevard...

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