State v. Capitan

Defendant was tried before a jury, convicted of the crime of larceny in a building, and sentenced to imprisonment for a term not to exceed five years. Subsequently the sentence was vacated and defendant received an enhanced penalty for previous felony convictions. ORS 168.015 to 168.090. Defendant has appealed the conviction and the enhanced penalty. The appeals were consolidated on motion of defendant.

The larceny took place in the Miller Electric Company, Inc., store in McMinnville. While the clerk of the. store was occupied talking with one Mendoza, defendant 'took a bank "deposit…