STATE v. METCALFE

CC 97-09-37310; SC S44828.

974 P.2d 1189 (1999)

328 Or. 309

STATE of Oregon, Plaintiff-Relator, v. Eric Ramon METCALFE, aka Eric Ramone Metcalfe, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided February 26, 1999.


Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-relator. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Matthew J. Rizzo, Metropolitan Public Defenders, Portland, argued the cause and filed the brief for defendant-adverse party.


LEESON, J.

The issue in this original proceeding in mandamus is whether the trial court had authority to grant defendant-adverse party's (defendant's) motion for judgment of acquittal after the jury had found him guilty of Escape in the Second Degree and to find him guilty of Attempted Escape in the Second Degree. For the reasons that follow, we conclude that the trial court lacked authority to grant defendant's post-verdict motion. Accordingly, we direct that a peremptory...

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