State v. Lowry

Defendant appeals his conviction for robbery in the first degree, ORS 164.415, assigning as errors (1) denial of his request for a preliminary hearing after indictment; (2) denial of his motions to dismiss or for mistrial based upon “forensic misconduct” by the prosecutor; (3) denial of his right to a speedy trial; and (4) instructing the jury on second-degree robbery. We affirm.

Defendant’s first contention was disposed of in State v. Clark, 291 Or 231, 630 P2d 810, cert den 454 US 1084 (1981), and State v. Edmonson, 291 Or 251, 630 P2d 822 (1981). In those cases, the court held that the…