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STATE v. DAVIS/HAMILTON

00-12-39969, 00-12-39970; A116035 (Control), A116439.

95 P.3d 230 (2004)

194 Or.App. 382

STATE of Oregon, Respondent, v. James Ivy DAVIS, IV, aka James Ivey Davis, Appellant. State of Oregon, Respondent, v. Albert Lewis Hamilton, aka Albert Lewis Goldsby, Appellant.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Robin A. Jones, Senior Deputy Public Defender, argued the cause for appellants. With her on the opening brief was David E. Groom, Acting Executive Director, Office of Public Defense Services. Robin A. Jones, Senior Deputy Public Defender, filed a supplemental brief on behalf of appellant James Ivy Davis, IV, pro se.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Defendants, who were jointly tried as coperpetrators, appeal, raising 23 assignments of error. Twenty of those assignments — 10 by each defendant — challenge the trial court's denial of motions for judgment of acquittal on various counts charging robbery in the first degree with a firearm, ORS 164.415, and robbery in the second degree with a firearm, ORS 164.405. As described below, we conclude...

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