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STATE v. CERVANTES

CC 90CR2935; CA A68493; SC S40204.

873 P.2d 316 (1994)

319 Or. 121

STATE of Oregon, Petitioner on Review, v. Antonio Mendoza CERVANTES, Respondent on Review.

Supreme Court of Oregon.

Resubmitted May 18, 1994.

Decided May 26, 1994.

Reconsideration Denied July 5, 1994.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause on behalf of petitioner on review. With her on the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause on behalf of respondent on review. With him on the response to the petition was Sally L. Avera, Public Defender, Salem.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and GRABER, JJ.

UNIS, Justice.

Article I, section 11, of the Oregon Constitution guarantees a criminal defendant the right to a trial "in the county in which the offense shall have been committed." This venue requirement is a material allegation of the indictment that must be proven beyond a reasonable doubt. State v. Cooksey, 242 Or. 250, 251, 409 P.2d 335 (1965); State v. Jones, 240 Or...

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