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STATE v. BARNUM

92CR0200; CA A96131.

970 P.2d 1214 (1998)

157 Or. App. 68

STATE of Oregon, Respondent, v. Byron Franklin BARNUM, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

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

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

De MUNIZ, P.J.

Defendant appeals his convictions and sentence for one count of arson in the first degree, ORS 164.325, and two counts of burglary in the first degree, ORS 164.225. The issues are whether evidence concerning defendant's 1979 attempted murder conviction in California was properly admitted under OEC 404(3) to prove the identity of the perpetrator in this case and whether the trial court erred when it denied defendant's motion to merge his two burglary...

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