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STATE v. MURGA

A162498.

422 P.3d 417 (2018)

291 Or. App. 462

STATE of Oregon, Plaintiff-Respondent, v. Steven Robert MURGA, Defendant-Appellant.

Court of Appeals of Oregon.

April 25, 2018.

Attorney(s) appearing for the Case

Sarah De La Cruz , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Jacob Brown , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

Defendant appeals from an order imposing an incarceration sanction for punitive contempt under ORS 33.065. On appeal, defendant contends that because the punitive contempt proceeding originated from a motion and order to show cause, as opposed to an accusatory instrument as provided for in ORS 131.005(1), the trial court lacked subject...

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