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STATE v. ALLEN

(CC 9609-36939; CA A96648; SC S46012)

26 P.3d 814 (2001)

332 Or. 244

STATE of Oregon, Respondent on Review, v. Anthony Christopher ALLEN, Petitioner on Review.

Supreme Court of Oregon.

Decided June 21, 2001.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was David E. Groom, State Public Defender.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

GILLETTE, J.

This is a criminal case in which a jury convicted defendant of the crimes of burglary in the first degree, ORS 164.225, and aggravated theft in the first degree, ORS 164.057. At the beginning of voir dire, the trial judge excused a prospective juror because the prospective juror acknowledged that he was ineligible to serve by virtue of a provision of a then-recently-passed constitutional initiative, Ballot Measure 40 (1996). After defendant's conviction...

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