State v. Schwab

Defendant appeals his conviction for theft in the first degree. ORS 164.055. He contends that the court erred by not granting his motion for mistrial and by imposing a condition of probation that allows his probation officer to search him, his home and his vehicle. We affirm the conviction and remand for reconsideration.

The facts relevant to this appeal are not disputed. Defendant was indicted for the theft of jewelry from an acquaintance. He testified on direct examination that he had previously been convicted of robbery in the third degree and provided a brief description of the incident.…