STATE v. WILSON

CM91-0068; CA A69739.

836 P.2d 1380 (1992)

115 Or. App. 217

STATE of Oregon, Respondent, v. Matthew S. WILSON, Appellant.

Court of Appeals of Oregon.

Decided September 16, 1992.


Attorney(s) appearing for the Case

Richard F. Alway, Salem, argued the cause for appellant. With him on the brief was Winslow, Alway & Craig, Salem.

Harrison Latto, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


ROSSMAN, Judge.

Defendant appeals the trial court's denial of his motion to dismiss the indictment charging him with first degree burglary, ORS 164.225, on the ground of double jeopardy. We affirm.

On December 4, 1990, a Linn County grand jury issued an indictment accusing defendant of first degree theft of certain firearms, ORS 164.055, committed between November 23 and 25, 1990. The second count alleged theft by receiving of the same firearms and certain...

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