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STATE v. HARVEY

No. 10-79-11793; CA 18258.

621 P.2d 101 (1980)

49 Or.App. 1001

STATE of Oregon, Respondent, v. Michael Lee HARVEY, Appellant.

Court of Appeals of Oregon.

Decided December 29, 1980.

Attorney(s) appearing for the Case

Richard Smurthwaite, Public Defender Services of Lane County, Inc., Eugene, argued the cause for appellant. On the brief was Robert J. Larson, Public Defender, Eugene.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

PER CURIAM.

Defendant appeals his conviction for Attempted Unauthorized Use of a Motor Vehicle, asserting that the trial court erred by denying his motion to dismiss the charge on grounds of former jeopardy. Or.Const., Art. I, § 12; ORS 131.515(2).

Defendant escaped from the Oregon State Correctional Institution (OSCI) while on a work release program in Lane County. He was charged in Marion County for the escape, and was also indicted for Unauthorized...

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