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STATE v. SULLENS

CC 89-CR-0005-TM; CA A62348; SC S38221.

839 P.2d 708 (1992)

314 Or. 436

STATE of Oregon, Respondent on Review, v. David Dean SULLENS, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause and filed the petition for petitioner on review. With her on the petition was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the response and argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

FADELEY, Justice.

The issue before this court is whether the trial court's denial of defendant's motion for a new trial based on newly discovered evidence is reviewable on appeal.

After a judgment of conviction of first degree burglary and theft was entered against defendant, he moved for a new trial based on newly discovered evidence. ORCP 64 B(4).1 The trial court did not rule on defendant's motion within the statutorily specified...

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