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STATE v. CLARK

CF050319; A136893.

226 P.3d 120 (2010)

233 Or. App. 553

STATE of Oregon, Plaintiff-Respondent, v. Deborah Kay CLARK, aka Deborah K. Clark, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and Robin A. Jones, Senior Deputy Public Defender, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Rene C. Holmes, Senior Assistant Attorney General, filed the brief for respondent.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

ROSENBLUM, P.J.

Defendant appeals a conviction for possession of a controlled substance, former ORS 475.992(4)(b) (2003).1 She assigns error to the trial court's denial of her motion for a mistrial. She contends that, in closing arguments, the prosecutor improperly commented on her right to remain silent following her arrest and at trial by telling the jury that there was no testimony that...

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