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STATE v. BLACK

01CR1974FE; A123729.

145 P.3d 367 (2006)

208 Or. App. 719

STATE of Oregon, Respondent, v. Brandon Guy BLACK, Appellant.

Court of Appeals of Oregon.

Decided October 18, 2006.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Jennifer S. Lloyd, Attorney-In-Charge, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

SCHUMAN, J.

Defendant appeals from a judgment of conviction for theft in the first degree, ORS 164.055, assigning error to the trial court's refusal to instruct the jury that two of the witnesses were defendant's accomplices. Such instructions would have told the jurors that accomplice testimony should be viewed with distrust and that it cannot be used to convict a defendant unless corroborated. See ORS 10.095(4); ORS 136.440(1) (so providing). We conclude...

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