STATE v. BLACK

C 85-07-33033, C 85-07-33034, C 85-07-33040, C 85-07-33044; CA A39815 (Control), A39816, A39819, A39820; C 85-07-33035, C 85-07-33038, C 85-03-31005, C 85-07-33042; CA A39817, A39818, A39821, A39822.

749 P.2d 1185 (1988)

89 Or.App. 359

STATE of Oregon, Appellant, v. SHERYL SUZANNE BLACK, Respondent. State of Oregon, Appellant, v. Debra Rochelle Tuttle, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1988.

Review Denied April 18, 1988.


Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Solicitor General, Salem.

Wayne Mackeson, Portland, argued the cause for respondent Sheryl Suzanne Black. With him on the brief was Des Connall and Dan Lorenz, P.C., Portland.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent Debra Rochelle Tuttle. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

The state appeals the dismissal of several felony theft and conspiracy indictments on former jeopardy grounds. ORS 131.515(2). The state argues that the indictments were not barred by the defendants' prior convictions for theft and conspiracy, because the contested indictments arose out of a series of independent criminal transactions. We reverse.

Defendants participated in an ongoing scheme at a Gresham restaurant to steal liquor...

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