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STATE v. RUSSELL

A167702.

482 P.3d 799 (2021)

309 Or. App. 554

STATE of Oregon, Plaintiff-Respondent, v. Duane Darnelle RUSSELL, Defendant-Appellant.

Court of Appeals of Oregon.

March 3, 2021.

Attorney(s) appearing for the Case

Stephanie J. Hortsch , Deputy Public Defender, argued the cause for appellant. Also on the opening brief and a supplemental brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services. Duane Russell filed a supplemental brief pro se.

Doug M. Petrina , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Defendant and his accomplice broke into an apartment and robbed its occupant at gunpoint. Their original plan was to commit both a burglary and a robbery, home-invasion style. They were targeting a particular individual from whom they had planned to steal $50,000 and cocaine in retaliation for a botched drug deal. When they realized that...

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