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STATE v. SMITH

200420184; A127390.

179 P.3d 691 (2008)

218 Or. App. 278

STATE of Oregon, Plaintiff-Respondent, v. Shane Franklin SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 27, 2008.

Attorney(s) appearing for the Case

Erin Galli Rohr and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Heather Vogelsong, Assistant Attorney General, filed the brief for respondent.

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

SCHUMAN, J.

Defendant was convicted of unauthorized use of a vehicle, ORS 164.135; possession of a stolen vehicle, ORS 819.300; and possession of a burglary tool or theft device, ORS 164.235. The court ordered the sentences for unauthorized use of a vehicle and possession of a burglary tool to run consecutively. On appeal, defendant raises two assignments of error. First, he argues that his motion for a mistrial should have been allowed because certain remarks that...

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