STATE v. CROTSLEY

TC CM 86-0273, CM 86-0293; CA A41802; SC S35916.

779 P.2d 600 (1989)

308 Or. 272

STATE of Oregon, Respondent On Review, v. James Alfred CROTSLEY, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 29, 1989.


Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the petition was Gary D. Babcock, Public Defender, Salem.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


VAN HOOMISSEN, Judge.

We allowed review in this case solely to interpret the first sentence of ORS 161.062(1):

"When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations."

The issue here is whether separate first and third degree convictions and sentences may...

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