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STATE v. DAMERON

DC D881992M; CA A60258; SC S37145.

853 P.2d 1285 (1993)

316 Or. 448

STATE of Oregon, Petitioner on Review, v. William C. DAMERON, Respondent on Review.

Supreme Court of Oregon.

Reassigned February 4, 1993.

Reassigned April 8, 1993.

Decided May 28, 1993.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause and filed the petition for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. General, Salem.

Steven L. Price, Hillsboro, argued the cause for respondent on review.

Charles F. Hinkle, of Stoel Rives Boley Jones & Grey, Portland, filed a brief for amicus curiae Fred Meyer, Inc.

Gile R. Downes, of Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland, filed a brief for amicus curiae International Council of Shopping Centers, Inc.

Before CARSON, C.J., PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ., and TONGUE, retired Justice Pro Tem.

VAN HOOMISSEN, Justice.

The state appeals a Court of Appeals decision that reversed defendant's conviction for criminal trespass in the second degree. ORS 164.245. The dispositive issue is whether defendant remained unlawfully on the premises. The Court of Appeals held that defendant established at trial that he was engaged in a constitutionally protected activity and, therefore, the trial court erred in ruling that the order for defendant to leave the premises was...

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