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STATE v. FITZGERALD

C901255CR; CA A71673.

843 P.2d 964 (1992)

117 Or. App. 152

STATE of Oregon, Respondent, v. Garrett S. FITZGERALD, Appellant.

Court of Appeals of Oregon.

Decided December 9, 1992.

Attorney(s) appearing for the Case

David K. Allen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Paul Migchelbrink, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendant appeals his convictions for burglary in the first degree, ORS 164.225, and theft in the second degree. ORS 164.045. He first argues that the trial court erred in denying his motion for a mistrial on the basis of prosecutorial misconduct. He contends that the prosecutor, by referring to him as a "professional cat burglar" during final argument, went beyond the facts in order to hint at other wrongs or crimes for which he might have been responsible...

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