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STATE v. JEFFERSON

10-85-06339; CA A37706.

726 P.2d 392 (1986)

81 Or. App. 479

STATE of Oregon, Respondent, v. Archie Lee JEFFERSON, Appellant.

Court of Appeals of Oregon.

Decided October 8, 1986.

Reconsideration Denied November 21, 1986.

Review Allowed December 23, 1986.

Attorney(s) appearing for the Case

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

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

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant was indicted in three counts for kidnapping in the second degree, ORS 163.225, robbery in the third degree, ORS 164.395, and unauthorized use of a vehicle. ORS 164.135. The court, sitting without a jury, found him guilty on all counts. It merged the conviction for unauthorized use of a vehicle into the robbery conviction. Defendant only appeals the conviction for kidnapping in the second degree, contending that his acts failed to...

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