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STATE v. COLEMAN

CR 92C21534; CA A80906.

886 P.2d 28 (1994)

131 Or. App. 386

STATE of Oregon, Respondent, v. Harry COLEMAN, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1994.

Review Denied March 7, 1995.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the brief was Burt, Swanson, Lathen, Alexander, McCann & Smith, P.C.

Robert B. Rocklin, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant was convicted of 15 counts of aggravated theft in the first degree. ORS 164.057. The question on appeal is whether the indictment and prosecution of this case violated the constitutional requirement of separation of powers because the case was conducted by two assistant attorneys general who were appointed by the Marion County district attorney to serve as deputy district attorneys.1 We affirm.

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