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STATE v. ALLEN

89C-20485; 85-5942; 88C-22354; 89C-22016; CA A68720 (Control); CA A68737; CA A68738; CA A68739.

838 P.2d 633 (1992)

115 Or. App. 347

STATE of Oregon, Respondent, v. Gerald Raymond ALLEN, Appellant.

Court of Appeals of Oregon.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Karen Majcher Art, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant was tried and convicted in Marion County for conspiracy to commit aggravated murder. ORS 161.450. He argues that venue was proper only in Clackamas County because the evidence showed that he was in Clackamas County when he conspired by telephone with his co-defendant, who was in Marion County. We disagree and affirm.

Venue lies in the county "in which the conduct that constitutes the offense...

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