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STATE v. McCURRY

A165882.

455 P.3d 1014 (2019)

300 Or. App. 666

STATE of Oregon, Plaintiff-Respondent, v. Charles Tiry MCCURRY, Defendant-Appellant.

Court of Appeals of Oregon.

November 27, 2019.

Attorney(s) appearing for the Case

Erik Blumenthal, Deputy Public Defender, briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Shannon T. Reel, Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals a judgment of conviction for first-degree burglary, first and second-degree robbery, unlawful use of a weapon, and first-degree theft. He assigns error to the trial court's failure to declare a mistrial sua sponte after the prosecutor purportedly vouched during closing argument for the state's witnesses...

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