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STATE v. BRANSTETTER

(CC CR97-0077; CA A100029; SC S47567)

29 P.3d 1121 (2001)

332 Or. 389

STATE of Oregon, Respondent on Review, v. William Thomas BRANSTETTER, Petitioner on Review. Pioneer Humane Society, Respondent on Review, and State of Oregon, Respondent on Review, v. William Thomas Branstetter, Petitioner on Review.

Supreme Court of Oregon.

Decided August 16, 2001.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and filed the petition for petitioner on review.

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

No appearance for respondent on review Pioneer Humane Society.,

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

GILLETTE, J.

Defendant seeks review of a Court of Appeals' decision dismissing, for lack of jurisdiction, his appeal from a trial court order that forfeited certain animals that he owned to an animal care agency. Although the trial court's forfeiture order was issued during, and had the same case number as, defendant's prosecution on charges of first-degree animal neglect, ORS 167.330, the forfeiture order was based on a different statute, ORS 167.347. That statute...

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