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STATE v. FRY

06092050; A135842.

228 P.3d 630 (2010)

234 Or. App. 373

STATE of Oregon, Plaintiff-Respondent, v. Bryan Allen FRY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and David Ferry, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Janet A. Klapstein, Senior Assistant Attorney General, filed the brief for respondent.

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

BREWER, C.J.

Defendant was convicted of three counts of third-degree assault, ORS 163.165, and one count of first-degree burglary, ORS 164.225. On appeal, he raises two assignments of error. First, he argues, the trial court erred in denying his motion for a mistrial when the prosecutor asked a witness (defendant's mother) whether she had reported to a deputy sheriff that defendant had admitted committing the crimes. Because we conclude that the trial court did not...

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