STATE v. McINTYRE

10-86-06324; CA A43971.

764 P.2d 972 (1988)

94 Or.App. 240

STATE of Oregon, Respondent, v. Richard David McIntyre, Appellant.

Court of Appeals of Oregon.

Decided November 30, 1988.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and GRABER and RIGGS, JJ.


GRABER, Judge.

Defendant appeals his conviction for burglary in the second degree, ORS 164.215, arguing that this prosecution is barred by the principle of former jeopardy. He contends that the same burglary episode was previously litigated in a criminal contempt proceeding. We agree and reverse.

On May 27, 1986, defendant's former girlfriend, Carla Clark, obtained a court order prohibiting him from contacting her or coming to her apartment. Defendant violated...

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