STATE v. McCORMICK

98-08-36801; A109115

56 P.3d 482 (2002)

184 Or.App. 455

STATE of Oregon, Respondent, v. Randy Gene McCORMICK, Appellant.

Court of Appeals of Oregon.

Decided October 23, 2002.


Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


LANDAU, P.J.

Defendant was charged with murder and convicted of the lesser-included offense of criminally negligent homicide. On appeal, he contends that the trial court erred in instructing the jury on the lesser-included offense. He also contends that the trial court erred in excluding evidence of the victim's prior bad acts and in imposing a sentence that exceeds the statutory maximum. We affirm.

We begin with the...

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