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STATE v. JOHNSON

00C-48195; A114694.

111 P.3d 784 (2005)

199 Or. App. 305

STATE of Oregon, Respondent, v. Steven Lawrence JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided April 27, 2005.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Deputy Public Defender, argued the cause for appellant. On the opening brief were David E. Groom, Acting Director, and Steven V. Humber, Deputy Public Defender. With her on the reply brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender. Steven Lawrence Johnson filed the supplemental brief pro se.

Steven Powers, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Defendant was convicted of felony murder, ORS 163.115(1)(b); manufacture of a controlled substance, ORS 475.992; and felon in possession of a firearm, ORS 166.270. After the trial court allowed a police officer to recount the incriminating confession of a nontestifying codefendant, defendant moved for a mistrial. The court denied the motion. On appeal, we hold that the denial was error. We also conclude that the controlled substance charge and the felony...

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