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STATE v. PEARCE

A 8601-00209; CA A39006.

717 P.2d 154 (1986)

78 Or.App. 317

The STATE of Oregon ex rel. Massood Mojave O'Neal, Appellant, v. Fred B. PEARCE, Sheriff of Multnomah County, Oregon, Respondent.

Court of Appeals of Oregon.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Lawrence Matasar, Portland, argued the cause for appellant. With him on brief were Hoffman, Matasar & Glaeser, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the case for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

This is a habeas corpus case. The issue is whether a person who is convicted in District Court has an absolute right to release pending appeal when he had been released on his own recognizance before trial. The trial court concluded that release pending appeal is discretionary. We agree. ORS 135.285(2).1 The rule is the same in District Court. See ORS 46.800; Criminal Trial Procedure § 11.15 (Oregon...

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