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STATE v. BAKER

91-01755 CR; CA A75578.

867 P.2d 1392 (1994)

126 Or. App. 255

STATE of Oregon, Respondent, v. Gordon David BAKER, Appellant.

Court of Appeals of Oregon.

Decided February 2, 1994.

Review Denied April 12, 1994.

Attorney(s) appearing for the Case

Charles S. Spinner argued the cause for appellant. With him on the brief was Marjorie A. Schmechel.

Thomas H. Denney, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., RIGGS, J., and DURHAM, J. pro tem.

DURHAM, Judge pro tem.

Defendant was convicted of eight counts of injury to native Indian graves, ORS 97.745, theft in the first degree, ORS 164.055, and criminal mischief in the first degree, ORS 164.365. We write only to address his second assignment of error and affirm.

The state's theory was that defendant induced his son, Shawn Baker; his son's friend, Terry Schoonmaker; and defendant's half-brother to travel from Eugene to Chiloquin in order to plunder...

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