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STATE v. WILLIAMS

538 P.2d 89 (1975)

STATE of Oregon, Respondent, v. Darwin Allen WILLIAMS, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1975.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

In a two-count indictment defendant was charged with first-degree robbery, ORS 164.415, and ex-convict in possession of a concealable firearm, ORS 166.270. Defendant moved for separate trials. The trial court denied the motion. Having been convicted on stipulated facts of second-degree robbery, ORS 164.405, and the firearm-possession charge, defendant appeals, assigning as error the denial of his motion for separate trials.

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