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STATE v. RICKER

90-02-1368, 90-02-1369, 90-02-1370; CA A65325 (Control), CA A65326, CA A65327).

810 P.2d 1356 (1991)

107 Or.App. 245

STATE of Oregon, Appellant, v. Lorin M. RICKER, Respondent.

Court of Appeals of Oregon.

Decided May 15, 1991.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

George W. Kelley, Eugene, argued the cause and filed the brief for respondent.

Before WARREN, P.J., JOSEPH, C.J., and RIGGS, J.

PER CURIAM.

Defendant was charged with two counts of theft I, ORS 164.055, and one count of theft II. ORS 164.045. The three-year Statute of Limitations of ORS 131.125(5) had run. Nevertheless, the state argued that the limitation period was subject to ORS 131.125(6)(a), because the indictment alleged that defendant had breached a fiduciary duty that he owed the victims. Defendant filed a demurrer to the indictment, which the trial court sustained. The state appeals...

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