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STATE v. HAMEL-SPENCER

A151835.

333 P.3d 1157 (2014)

264 Or. App. 600

STATE of Oregon, Plaintiff-Respondent, v. MacKenzie Anne HAMEL-SPENCER, aka MacKenzie Ann Spencer, aka MacKenzie Ann Hamel, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 13, 2014.

Attorney(s) appearing for the Case

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

Jamie Contreras , Assistant Attorney-in-Charge, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rebecca M. Auten , Assistant Attorney General.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge.

HASELTON, C.J.

Defendant, who entered a conditional plea of guilty, ORS 135.335(3), for first-degree theft, ORS 164.055 (2009), amended by Oregon Laws 2013, chapter 24, section 11, appeals the resulting judgment. She assigns error to the trial court's denial of her motion based on ORS 131.515 and Article I, section 12, of the Oregon Constitution to dismiss on former jeopardy grounds.1...

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