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STATE v. AVRITT

(9805-34186; A105777)

28 P.3d 642 (2001)

175 Or. App. 137

STATE of Oregon, Respondent, v. Logan Campbell AVRITT, Jr., Appellant.

Court of Appeals of Oregon.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Kaye E. McDonald, 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 LANDAU, Presiding Judge, and BREWER, Judge, and CENICEROS, Senior Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction on one count of attempted aggravated murder, ORS 163.095; one count of first-degree assault with a firearm, ORS 163.175; one count of first-degree burglary, ORS 164.225; and one count of unlawful use of a weapon, ORS 166.220. He argues that the trial court erred in: (1) denying a demurrer to one count of the indictment; (2) refusing to deliver a requested jury instruction; (3) failing to merge the attempted aggravated...

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