STATE v. SHELLEY

89-CR-0110; CA A64324.

821 P.2d 1111 (1991)

110 Or.App. 225

STATE of Oregon, Respondent, v. Alvin Dean SHELLEY, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1991.


Attorney(s) appearing for the Case

Lee S. Werdell, Medford, argued the cause and filed the brief, for appellant.

Thomas H. Denney, 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., JOSEPH, C.J., and DEITS, J.


DEITS, Judge.

Defendant appeals his conviction for aggravated theft. ORS 164.057. He assigns as error the trial court's refusal to give his requested jury instructions, to grant a mistrial and to require the prosecutor to testify. We affirm.

The evidence at trial showed that, in January, 1987, defendant asked his long-time friend, DuBois, to help him stage a burglary of defendant's home in order to collect insurance proceeds. DuBois refused. As a witness for...

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