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Oregon v. Webber

August 27, 1973

STATE OF OREGON, RESPONDENT,
v.
GERALD WEBBER, APPELLANT



Appeal from Circuit Court, Multnomah County. Phillip J. Roth, Judge. No. C-71-06-1757 Cr.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Solicitor General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John H. Clough, Assistant Attorney General, Salem.

Schwab, Chief Judge, and Langtry and Thornton, Judges.

Schwab

Defendant was convicted on charges of burglary

in a dwelling, former ORS 164.230, armed robbery, former ORS 163.280, and larceny, former ORS 164.310. He was sentenced to ten years on the burglary charge, fifteen years on the armed robbery charge, and ten years on the larceny charge, the sentences to run concurrently. On appeal defendant contends it was error: (1) to enter judgments of conviction and impose sentences on all crimes charged; and (2) to overrule his objections on the grounds of materiality to two exhibits introduced at trial.

The burglary count of the indictment alleged defendant entered the victim's home "with the intent to commit the crime of larceny." The armed robbery count alleged defendant "did feloniously assault and rob, steal and take an automobile registration from" the victim. The larceny count alleged defendant "did feloniously wilfully steal and drive away a 1969 Ford automobile."

The state's evidence established that while the victim was asleep in his Portland residence, somebody struck him from the rear, put a pillowcase over his head and tied him up. The assailant then spent two to three hours in the victim's home, collecting everything of value. The assailant then left, taking items stolen from the victim's person and house, including the automobile registration, and driving away in the victim's 1969 Ford.

After the assailant left, the victim was able to get a gag out of his mouth and yell for help. Police arrived at the victim's residence and, after learning what had occurred, broadcast a description of the victim's automobile.

Several hours later a Washington State Policeman observed the victim's automobile being driven by

defendant. The officer learned by radio that the vehicle and operator were being sought by Portland police. Washington officers chased and eventually arrested defendant. They seized many items from the car. It was stipulated between the parties that the items seized from ...


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