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STATE v. LIN

93-20145; CA A80333.

885 P.2d 721 (1994)

131 Or.App. 487

STATE of Oregon, Respondent, v. Mary Ann LINN, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1994.

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

Alan H. Biedermann, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Kaye E. Sunderland, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

Defendant was convicted of second degree theft for shoplifting merchandise from a drug store. ORS 164.015(1); ORS 164.045. Pursuant to OEC 609(1), the trial court allowed the credibility of a defense witness to be impeached by evidence of his prior municipal court conviction for misdemeanor theft. Because defendant did not testify, the credibility of that witness was critical to her theory that she did not intend to steal any merchandise. Defendant...

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