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STATE v. BRANSTETTER

(CR970077; CA A100029)

1 P.3d 451 (2000)

166 Or. App. 286

STATE of Oregon, Plaintiff, v. William Thomas BRANSTETTER, Defendant. Pioneer Humane Society, Petitioner-Respondent, and State of Oregon, Other-Respondent, v. William Thomas Branstetter, Respondent-Appellant.

Court of Appeals of Oregon.

Decided March 22, 2000.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and submitted the brief for appellant.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance for respondent Pioneer Humane Society.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant appeals from a trial court order forfeiting his interest in eleven horses and a donkey because of his failure to post a bond to ensure payment of the expenses of caring for them. We hold that the order is not appealable and therefore dismiss the appeal. We also briefly respond to defendant's and the dissent's argument that the forfeiture was an excessive fine under Article I, section 16, of the Oregon Constitution.

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