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STATE v. McDONNELL

87-CR-0110-TM; CA A45878.

778 P.2d 978 (1989)

98 Or.App. 134

STATE of Oregon, Respondent, v. Jay R. McDonnell, Appellant.

Court of Appeals of Oregon.

Decided August 30, 1989.

Attorney(s) appearing for the Case

Peter Gartlan, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Frank Gruber, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant appeals his convictions for burglary II, theft I and conspiracy to commit burglary II. ORS 164.215; ORS 164.055; ORS 161.450. The court merged the conspiracy and theft convictions with the burglary conviction for purposes of sentencing only. Defendant assigns as errors that the court failed to grant his motion for judgment of acquittal and failed to merge the conspiracy and theft convictions into the burglary conviction and vacate the first...

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