State v. Espinoza

Full title: STATE OF OREGON Respondent, v. ENRIQUE ESPINOZA, Appellant

Court: Oregon Court of Appeals

Date published: Mar 9, 1971

478 P.2d 644 (Or. Ct. App. 1971)

478 P.2d 644

Opinion

1734-C

Argued on appellant's brief January 5, 1971

Affirmed January 7, 1971 Petition for rehearing denied February 9, 1971 Petition for review denied March 9, 1971

Appeal from the Circuit Court, Malheur County, JEFF D. DORROH, JR., Judge.

Stephen B. Fonda, Nyssa, filed the brief for appellant.

No appearance for respondent.

Before SCHWAB, Chief Judge, and LANGTRY and FORT, Judges.

AFFIRMED.

PER CURIAM.

Defendant was convicted of burglary. His sole assignment of error on appeal is that the court instructed the jury that a verdict concurred in by 10 or more was sufficient. The instruction was correct. State v. Gann, 254 Or. 549, 463 P.2d 570 (1969).

Affirmed.