STATE v. FOLEY

902465; CA A71428.

865 P.2d 465 (1993)

125 Or. App. 423

STATE of Oregon, Respondent, v. Timothy D. FOLEY, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1993.


Attorney(s) appearing for the Case

Manuel C. Hernandez, Bandon, argued the cause, for appellant. With him on the briefs was Manuel C. Hernandez & Associates, P.C.

Douglas F. Zier, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.


DEITS, Presiding Judge.

Defendant appeals the forfeiture of his boat pursuant to ORS 506.655 for violation of commercial fishing laws. He assigns error to the trial court's denial of his motion to dismiss, the denial of his motion for summary judgment, and the order granting summary judgment to the state.

Defendant pleaded no contest to harvesting sea urchins without a permit in violation of ORS 506.129, ORS 508.760 and OAR 635-05-180. The trial court fined...

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