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STATE v. SAVASTANO

(CC C081586CR; CA A141053; SC S059973).

309 P.3d 1083 (2013)

354 Or. 64

STATE of Oregon, Petitioner on Review, v. Tiffany Lee SAVASTANO, Respondent on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided September 12, 2013.

Attorney(s) appearing for the Case

Mary H. Williams , Deputy Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Ernest G. Lannet , Chief Deputy Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Charles F. Hinkle , Portland, filed the brief for amicus curiae ACLU Foundation of Oregon, Inc.

BALMER, C.J.

This case requires us to examine Article I, section 20, of the Oregon Constitution — the privileges or immunities provision — in the context of prosecutorial discretion. Specifically, we must determine whether Article I, section 20, applies to prosecutors' charging decisions and, if so, whether a prosecutor must consistently adhere to a coherent, systematic policy in making charging decisions.

Defendant was accused of embezzling...

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