State v. Miles

Full title: STATE OF OREGON, Respondent, v. TONI LYNN MILES and RODNEY RAY CLAYBURN…

Court: Oregon Court of Appeals

Date published: May 19, 1999

982 P.2d 48 (Or. Ct. App. 1999)

982 P.2d 48

Opinion

Nos. 96-12-39390, 96-12-39389; CA A97726 (Control), A98081. Cases Consolidated

Argued and submitted December 22, 1998.

Filed May 19, 1999.

Appeal from Circuit Court, Multnomah County, FRANK L. BEARDEN, Judge.

Diane L. Alessi, Interim Public Defender, and Louis R. Miles, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge,^_ and ARMSTRONG, Judge.

_ DEITS, C. J., vice WARREN, P. J., retired.

PER CURIAM

Affirmed.

PER CURIAM

Defendant Miles appeals from convictions for burglary in the first degree, ORS 164.225, and theft in the second degree, ORS 164.045. Defendant Clayburn appeals from convictions for burglary in the first degree, ORS 164.225, possession of a controlled substance, ORS 475.992, and theft in the second degree, ORS 164.045. The issues raised on appeal by defendants are the same issues raised and decided in State v. Crocker, 160 Or. App. 445, 982 P.2d 45 (decided this date). We affirm. See id.; State v. Cruz-Aquirre, 158 Or. App. 15, 972 P.2d 1206 (1999); State v. Fugate, 154 Or. App. 643, 963 P.2d 686, on recons 156 Or. App. 609, 969 P.2d 395 (1998), rev allowed 328 Or. 275 (1999).