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STATE v. McMILIAN

96C-20672, 00C-54523; A115696 (Control), A115697.

80 P.3d 538 (2003)

191 Or. App. 62

STATE of Oregon, Respondent, v. Seveart Lynn McMILIAN, aka Justin Ray Pearson, Appellant.

Court of Appeals of Oregon.

Decided November 26, 2003.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

BREWER, P.J.

Defendant appeals his convictions for two counts of identity theft, ORS 165.800, and a judgment revoking his probation in another case based on his commission of the identity theft crimes. In particular, he asserts that the trial court erred by (1) denying his motion to suppress evidence derived from a search of his person; (2) trying him on stipulated facts in the criminal case without first obtaining a written waiver of his right to a jury trial; (3...

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