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STATE v. JAMES

CF080348; A140544.

245 P.3d 705 (2011)

240 Or. App. 324

STATE of Oregon, Plaintiff-Respondent, v. Stanley Dale JAMES, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 5, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Erica Herb , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Cecil A. Reniche-Smith , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Defendant was convicted of second-degree robbery, ORS 164.405; second-degree theft, ORS 164.043; harassment, ORS 166.065; and carrying a concealed weapon. ORS 166.240. On appeal, he asserts that the trial court erred in denying his pretrial motion to exclude evidence of two witnesses' identification of him as the perpetrator of the crimes. For the reasons explained below, we conclude that the trial court properly determined that, although the procedure...

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