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STATE v. AFFELD

TC CR-85-77, CA A38006, SC S35085.

764 P.2d 220 (1988)

307 Or. 125

STATE of Oregon, Respondent On Review, v. Jeffrey Curtis AFFELD, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the petition for review was Gary D. Babcock, Public Defender, Salem.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause and filed a response to the petition for review. With him on the response were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

CAMPBELL, Justice.

Defendant was charged with robbery in the first degree. One Newton was also charged in connection with the same incident, and the two were tried separately. Newton had been found guilty but had not been sentenced at the time of defendant's trial. He refused to testify during the state's case in chief and during the presentation of defendant's evidence, claiming his Fifth Amendment right to not incriminate himself. After defendant had testified,...

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