STATE v. MILLER

(95c-22786; CA A99201)

1 P.3d 1047 (2000)

167 Or. App. 72

STATE of Oregon, Respondent, v. Thomas Gordon MILLER, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2000.


Attorney(s) appearing for the Case

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Jennifer S. Lloyd, 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 EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

Defendant appeals several convictions for sexual offenses arising from the same incident. He assigns error to the court's denial of his motion for a new trial based on alleged juror misconduct and to the action of a disqualified judge in hearing that motion. We hold that any juror misconduct does not justify setting aside the verdict and that defendant failed to preserve the disqualification issue and there is no reason for us to review it as plain error...

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