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STATE v. EVANS

04030588, A125947.

154 P.3d 166 (2007)

211 Or. App. 162

STATE of Oregon, Plaintiff-Respondent, v. George Pete EVANS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 28, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Louis R. Miles, Deputy Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant appeals a judgment of conviction for first-degree robbery, first-degree burglary, unauthorized use of a vehicle, and second-degree assault. His sole assignment of error is that the trial court should have granted his motion for a mistrial. The state argues that defendant waived his right to complain about the denial of the mistrial motion and that, in any event, the trial court did not abuse its discretion...

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