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STATE v. BANKS

C030755CR; A123839.

180 P.3d 726 (2008)

218 Or. App. 593

STATE of Oregon, Plaintiff-Respondent, v. Robert Lee BANKS, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Decided March 19, 2008.

Resubmitted February 6, 2008.

Attorney(s) appearing for the Case

Andrew S. Chilton and Chilton, Ebbett & Rohr, LLC, Portland, filed the brief for appellant.

Robert L. Banks filed the supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Benjamin R. Hartman, Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc February 6, 2008.

HASELTON, J.

Defendant appeals, challenging his convictions following a jury trial for first-degree robbery, ORS 164.415, first-degree burglary, ORS 164.225, second-degree theft, ORS 164.045, and menacing, ORS 163.190. We reject those challenges without discussion. We also reject without discussion defendant's argument that ORS 137.700 is facially unconstitutional. We write only to address defendant's unpreserved challenge...

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