STATE v. JOHANESEN

C890070CR; CA A75601.

855 P.2d 1118 (1993)

121 Or. App. 538

STATE of Oregon, Respondent, v. Richard Eric JOHANESEN, Appellant.

Court of Appeals of Oregon.

Decided July 7, 1993.


Attorney(s) appearing for the Case

Marc Sussman, Portland, argued the cause and filed the brief for appellant.

Youlee Y. You, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.


RIGGS, Judge.

Defendant appeals from an order reinstating his judgment of conviction, following a jury trial, of first degree robbery. ORS 164.415. We vacate the judgment.

At trial, defendant offered into evidence the testimony of a defense investigator who had shown four photographs to the victim of the robbery. The photo throw-down consisted of mug shots of three clean-shaven men and one man with a moustache. Defendant had a full beard at the time of the...

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