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STATE v. McCURRY

A165882.

455 P.3d 1014 (2019)

300 Or. App. 666

STATE of Oregon, Plaintiff-Respondent, v. Charles Tiry MCCURRY, Defendant-Appellant.

Court of Appeals of Oregon.

November 27, 2019.

Attorney(s) appearing for the Case

Erik Blumenthal , Deputy Public Defender, briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Shannon T. Reel , Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals a judgment of conviction for first-degree burglary, first and second-degree robbery, unlawful use of a weapon, and first-degree theft. He assigns error to the trial court's failure to declare a mistrial sua sponte after the prosecutor purportedly vouched during closing argument for the state's witnesses...

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