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STATE v. PLYMYER

A173695.

505 P.3d 496 (2022)

317 Or. App. 360

STATE of Oregon, Plaintiff-Respondent, v. Cody Daniel Cullen PLYMYER, aka Cody Daniel Cullen Plymyer, aka Cody D. C. Plymyer, Defendant-Appellant.

Court of Appeals of Oregon.

February 2, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Kali Montague, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before Tookey, Presiding Judge, and Aoyagi, Judge, and Armstrong, Senior Judge.

Defendant waived his right to a jury trial and was convicted of third-degree robbery, ORS 164.395 (Count 1), third-degree theft, ORS 164.043 (Count 2), and fourthdegree assault (Count 3). Defendant was sentenced to 40 months' imprisonment and 24 months' post-prison supervision for the Count 1 conviction. On appeal, defendant raises four assignments...

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