STATE v. WESTBY

89-07-32767; CA A63580.

843 P.2d 973 (1992)

117 Or. App. 14

STATE of Oregon, Respondent, v. Daniel Dean WESTBY, Appellant.

Court of Appeals of Oregon.

Decided December 9, 1992.


Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

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


BUTTLER, Presiding Judge.

Defendant seeks reversal of his convictions for murder, ORS 163.115(1)(a), unauthorized use of a motor vehicle, ORS 164.135(1)(a), theft in the first degree, ORS 164.055(1)(d), and theft in the third degree. ORS 164.043.

Defendant and the victim, Anderson, met while the two were incarcerated in the Umatilla County Jail. After they were released, defendant lived with Anderson at his residence in Elgin, Oregon. During the time he lived...

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