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STATE v. KITTEL

025010; A124400.

127 P.3d 1204 (2006)

203 Or. App. 736

STATE of Oregon, Respondent, v. Buster Paul KITTEL, Appellant.

Court of Appeals of Oregon.

Decided January 18, 2006.

Attorney(s) appearing for the Case

Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Julie A. Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and SCHUMAN and ROSENBLUM, Judges.

HASELTON, P.J.

Defendant appeals from a judgment of conviction for criminal mischief in the second degree (a Class A misdemeanor), ORS 164.354, and theft in the third degree (a Class C misdemeanor), ORS 164.043. He assigns error to the trial court's decision to hear closing arguments and render a verdict in his absence. Specifically, defendant argues that the statutory right to be present at trial, ORS 136.040(1),1 applies in misdemeanor...

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