STATE v. DILLARD

C 880248 CR; CA A51041.

787 P.2d 1307 (1990)

100 Or.App. 645

STATE of Oregon, Respondent, v. Chris Edward DILLARD, Appellant.

Court of Appeals of Oregon.

Argued and Submitted December 20, 1989.


Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Acting Public Defender, Salem.

Ann Kelley, 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.


EDMONDS, Judge.

Defendant appeals from a conviction for robbery in the second degree. ORS 164.405. He first assigns as error the trial court's suppression of a photograph because of an alleged discovery violation. We reverse.

On the first day of defendant's trial, the victim testified that the robber's only facial hair had been mustache. On the morning of the second day of trial, defense counsel notified the state and the court that he wanted to introduce...

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