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STATE v. FAUNCE

04CR0818; A143601.

282 P.3d 960 (2012)

251 Or. App. 58

STATE of Oregon, Plaintiff-Respondent, v. Robert Thomas FAUNCE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 5, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, Office of Public Defense Services, and Joshua B. Crowther , Chief Deputy Defender, filed the brief for appellant.

Robert Thomas Faunce filed the supplemental brief pro se.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Pamela J. Walsh , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Defendant was charged with and convicted of one count of murder with a firearm, ORS 163.115, and one count of felon in possession of a firearm, ORS 166.270. On appeal, defendant assigns as error the trial court's denial of his motion to dismiss the indictment with prejudice, arguing that the state violated his due process rights by failing to preserve exculpatory evidence. Defendant also assigns as error the trial court's exclusion of defendant's evidence...

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