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STATE v. FAIR

Nos. 94-10-37301; CA A90430.

929 P.2d 1012 (1996)

145 Or. App. 96

STATE of Oregon, Respondent, v. David Wendell FAIR, Jr., Appellant.

Court of Appeals of Oregon.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Eleanor E. Wallace, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant was one of 12 members of street gangs indicted, inter alia, for offenses under the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO). ORS 166.715, et seq. All defendants filed 16 demurrers to the indictment. The trial court denied the demurrers and, following a stipulated facts trial of defendant, he was convicted of one count of racketeering. Under his first assignment of error, defendant makes seven arguments...

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