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STATE v. NGUYEN

C90-05-32837; CA A67656.

843 P.2d 990 (1992)

117 Or. App. 219

STATE of Oregon, Respondent, v. Thien Minh NGUYEN, Appellant.

Court of Appeals of Oregon.

Decided December 16, 1992.

Reconsideration Denied February 10, 1993.

Review Denied February 23, 1993.

Attorney(s) appearing for the Case

Gary D. Babcock, Salem, argued the cause and filed the brief for appellant.

Mary H. Williams, 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 RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendant appeals his convictions for first degree robbery, ORS 164.415, and attempted theft by extortion. ORS 164.075. He assigns error to the trial court's denial of his motion for mistrial. We affirm.

Defendant was one of four men who went to the Thai Binh restaurant late in the evening. The owner, Phan, served the men some beer and food, even though the restaurant was closed. Defendant told Phan...

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