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STATE v. VANN

9607-35291, 9607-35294, 9607-35292 and 9607-35293; CA A96684 (Control), CA A96685, CA A96686 and CA A96687.

973 P.2d 354 (1999)

158 Or. App. 65

STATE of Oregon, Respondent, v. Cornelius Dale VANN, Appellant. State of Oregon, Respondent, v. Demond Lewis Clark, aka Crane Antawan Niblack, Appellant. State of Oregon, Respondent, v. Rhonda A. Smith, aka Rhonda Evans, Appellant. State of Oregon, Respondent, v. Samuel Lamont Lewis, Appellant.

Court of Appeals of Oregon.

Decided January 13, 1999.

Attorney(s) appearing for the Case

Eric Johansen, Deputy Public Defender, argued the cause for appellants. With him on the brief was Sally L. Avera, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and EDMONDS and HASELTON, Judges.

De MUNIZ, P.J.

In a joint trial to a jury, defendants were convicted of robbery in the second degree.1 ORS 164.405. At a hearing after the trial, defendants moved for a mistrial based on an irregularity in the verdict. The trial court denied the motion and this appeal followed. We reverse.

The undisputed facts are taken from the trial and hearing record and the trial court file. After the jury returned its verdicts, the court asked...

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