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STATE v. KELLY

91 CR 1765; CA A74007.

860 P.2d 843 (1993)

123 Or. App. 528

STATE of Oregon, Respondent, v. Marvin B. KELLY, Defendant, and Gerald Gunnari, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Roger Gould, Coos Bay, argued the cause for intervenor-appellant. With him on the brief was Joelson, Gould, Wilgers and Dorsey, Coos Bay.

Janie Burcart, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Meg E. Kieran, Asst. Atty. Gen., Salem.

Before DEITS, P.J., and RIGGS and DE MUNIZ, JJ.

RIGGS, Judge.

Gerald Gunnari appeals an order denying a motion to reconsider a forfeiture. In its cross-assignment of error, the state contends that the trial court erred in granting appellant's motion to intervene under ORCP 33. We affirm.

Gunnari owns a commercial fishing boat whose captain, Marvin Kelly, was convicted of harvesting undersized shrimp.1 Several months after Kelly had...

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