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STATE v. VELASCO

CR 84-79, CR 84-80; CA A34533 (Control), A34534

709 P.2d 760 (1985)

76 Or.App. 518

STATE of Oregon, Respondent, v. Jose Orellano VELASCO, Appellant.

Court of Appeals of Oregon.

Decided November 20, 1985.

Reconsideration Denied January 3, 1986.

Review Denied January 28, 1986.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Solicitor Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction for attempted murder. ORS 163.115, 161.405. Relying on State v. Ogden, 35 Or.App. 91, 580 P.2d 1049 (1978), he contends that the trial court erred in the manner in which it instructed the jury on certain lesser included offenses. We affirm.

Defendant was charged in a two-count indictment with attempted murder, a Class A felony, and...

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