STATE v. WALTON

0406135CR, 0406147CR, 0407176CR, 0407177CR; A126100 (Control), A126101, A126102, A126103.

170 P.3d 1122 (2007)

215 Or. App. 628

STATE of Oregon, Plaintiff-Appellant, v. Jerry Don WALTON, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 31, 2007.


Attorney(s) appearing for the Case

Christina M. Hutchins, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Stephanie Hortsch, Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

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


SCHUMAN, J.

The state in this case charged defendant with nine counts of contempt of court for acts that, as alleged, were both contempts and probation violations. The trial court granted defendant's motion to dismiss on the grounds that the state cannot seek punitive contempt sanctions for conduct that also constitutes a probation violation and that, even if it can, in this case the prosecutor chose to avail himself of that more onerous option not by reference to...

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