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STATE v. MOTT

(CC 19CR39798)(SC S069349).

527 P.3d 758 (2023)

370 Or. 830

STATE of Oregon, Respondent on Review, v. Charles Anthony MOTT, Jr., aka Charles Mott, aka Charles A. Mott, aka Charles Anthony Mott, Petitioner on Review.

Supreme Court of Oregon.

April 6, 2023.

Attorney(s) appearing for the Case

Laura A. Frikert , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender.

Lauren P. Robertson , 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.

Before Flynn, Chief Justice, and Duncan, Garrett, and DeHoog, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.

In this case, we consider the nature and scope of the Court of Appeals' authority to deny an appellant's motion to dismiss. After that court issued a decision resolving defendant's criminal appeal, he filed an unopposed motion to dismiss, which the court denied. On review, both parties agree that the Court of Appeals erred in denying...

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