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STATE v. ALVEY

C041095CR; A128190.

131 P.3d 765 (2006)

204 Or. App. 681

STATE of Oregon, Appellant, v. Roger ALVEY, Respondent.

Court of Appeals of Oregon.

March 15, 2006.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robert M. Atkinson, Assistant Attorney General, filed the brief for appellant.

Roger D. Alvey filed the brief pro se.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

PER CURIAM.

Defendant was indicted on 10 counts of encouraging child sexual abuse in the second degree, a Class C felony. ORS 163.686. Defendant moved to dismiss on the ground that the statute under which he was charged contains the same substantive elements as ORS 163.687, a Class A misdemeanor. According to defendant, the two statutes thus impermissibly conferred on the district attorney discretion to charge the same conduct as either a felony or a misdemeanor,...

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