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STATE v. FONTE

(CC 16CR01505) (SC S065012).

422 P.3d 202 (2018)

363 Or. 327

STATE of Oregon, Respondent on Review, v. Peter A. FONTE, Petitioner on Review.

Supreme Court of Oregon, En Banc.

July 26, 2018.

Attorney(s) appearing for the Case

Erin J. Snyder Severe , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender.

E. Nani Apo , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Crystal Maloney , Portland, filed the brief on behalf of amicus curiae Oregon Justice Resource Center.

This criminal case requires us to determine whether defendant committed the crime of theft in the first degree under ORS 164.055(1)(c) — that is, "theft by receiving" committed by "selling" — when defendant took an item from a store's sales floor, approached a store employee at a cash register, and, giving the impression...

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