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STATE v. OLSEN

081396; A142520.

265 P.3d 71 (2011)

246 Or. App. 231

STATE of Oregon, Plaintiff-Respondent, v. David Michael OLSEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 26, 2011.

Attorney(s) appearing for the Case

Laura A. Frikert , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Andrew M. Lavin , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

HASELTON, P.J.

Defendant appeals a judgment of conviction for first-degree sexual abuse. ORS 163.427. On appeal, defendant contends, inter alia, that (1) the trial court erred in denying his motion to dismiss the indictment in this case because it violated the double jeopardy provisions of the state and federal constitutions and (2) under State v. Southard, 347 Or. 127, 218 P.3d 104 (2009...

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