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STATE v. WILSON

920834764; A121457.

173 P.3d 150 (2007)

STATE of Oregon, Plaintiff-Respondent, v. Gregory Paul WILSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Richard L. Wolf, Portland, argued the cause and filed the briefs for appellant.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David B. Thompson, Senior Assistant Attorney General.

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

HASELTON, P.J.

This is the third appeal of this case, which arises from defendant's involvement in the 1992 abduction and death of Misty Largo.1 Defendant was convicted, on retrial, of five counts of attempted aggravated murder and one count of attempted murder. On appeal, defendant argues that the trial court erred in (1) giving an "acquittal first" instruction pursuant to ORS 136.420(2), (2) denying a mistrial based on alleged prosecutorial...

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