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STATE v. SAGDAL

(CC 100545212; CA A146601; SC S061846).

343 P.3d 226 (2015)

356 Or. 639

STATE of Oregon, Respondent on Review, v. Matthew Scofield SAGDAL, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided January 15, 2015.

Attorney(s) appearing for the Case

Jed Peterson , O'Conner Weber, LLP, Portland, argued the cause and filed the briefs for petitioner on review.

Paul Smith , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the briefs was Ellen F. Rosenblum , Attorney General, Anna Joyce , Solicitor General, and Jeremy Rice , Assistant Attorney General.

In this criminal case, we consider whether empanelling a jury of fewer than 10 persons in a misdemeanor prosecution violates Article I, section 11, of the Oregon Constitution. That provision states that, in the circuit court, 10 members of a jury may render a verdict of guilty or not guilty, while a later-enacted constitutional provision...

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