STATE v. THOMAS

TC 362219-8802; CA A49453; SC S36723; SC S37351.

806 P.2d 689 (1991)

311 Or. 182

STATE of Oregon, Petitioner/Respondent on review, v. Patty S. THOMAS, Respondent/Petitioner on Review.

Supreme Court of Oregon.

Decided March 7, 1991.


Attorney(s) appearing for the Case

Richard L. Lonergan, Portland, argued the cause and filed the petition for respondent/petitioner on review, Thomas. With him on the petition was Clint A. Lonergan, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner/respondent on review, State. With him on the petition were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.


FADELEY, Justice.

Defendant appeals her conviction of theft, as a violation rather than a crime, at a trial employing a preponderance-of-the-evidence standard rather than proof beyond a reasonable doubt. The issue is whether the lesser standard is appropriate.

The district attorney charged defendant by information with theft as a Class C misdemeanor. At the time of arraignment and entry of her plea of not guilty, the state elected to try the case as a violation...

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